PUBLIC TRUSTEESHIP BREAKDOWN OF STAGES

REFERRAL STAGE COURT APPLICATION STAGE COURT ORDER RECEIVED

PHASE 1 PHASE 2 PHASE 3 PHASE 4 PHASE 5 PHASE 6
Referral More Public Trustee appointed
Recommendation File Goes to
Submitted & Evidence Application in Process and administration of file
to Accept or Deny Admin Assistant
Reviewed Gathered begins
Referral is Requests more Public Trustee Rep File reviewed for Option #1 Desk Application (Majority of Files): Application File is assigned to a new Public
reviewed for details on the makes any missing submitted to the Review Officer (RO) Trustee Rep.
required situation recommendation to information. Notice of Application & Request for Hearing  A second Public Trustee Rep
information. accept a referral  RO arranges for the adult to receive a copy of the application, a may be assigned if there is
Gathers  File is assessed for Addresses/phone Notice of Application and a Request for Hearing. AHS may be real property or investments
Referral held financial urgent matters numbers of family contacted to facilitate this.  Notifications are sent to
until missing information. (e.g. vacant members  RO sends Notices to all other relevant parties i.e. family relevant parties that include:
information is property, financial collected. Family members, existing decision makers. Income sources (redirect to
submitted or Speak with abuse, etc.) members  Deadline date to request a hearing provided to the adult PT), Financial institutions
until 30 days stakeholders confirmed and and/or any other parties provided with a Notice of Application. (call in funds from bank
have passed. (Public Public Trustee Rep contacted to accounts), CRA, Mail
Guardian Rep, makes determine who If no person requests a hearing, the application is sent for filing at forwarding with Canada Post
If the missing Social Worker, recommendation to should be served Court. It will be sent to a Justice for review who will decide (where applicable)
information is Family, etc.) deny referral application. whether to grant the order or not.
not received  Does not meet File sent to Public Trustee tax
within 30 days, Obtains the Public Review and Court Order granted. A copy is sent to the applicant (Private or department to review current
the referral is evidence to Trustee’s criteria confirm bank Public), and any person served with our application and historical tax information.
closed. support an  Less intrusive, less statements, details This provides insight to other
Option #2 Application is Submitted to OPGT Legal – Hearing
application restrictive options on any debts. possible benefit sources or
required at outset or hearing has been requested
If all information such as: Land available assets.
A hearing date is scheduled.
is received, the titles, Bank or Admin drafts  Completes taxes for missing
referral is other financial application. Public years
Adult served with the application including the Notice of
assigned to a statements, Trustee Rep  Applies for Disability Tax
Application and Hearing. The adult has a right to attend the
Public Trustee Accommodatio reviews and signs Credit
hearing and speak to court if they want. Facilities should be
Rep. n statements, application. careful not to obstruct or prevent process servers from serving
Copy of Power The Public Trustee cannot
the adult. Adults may require assistance from staff if they wish to
of Attorney, if Application is begin making payments until
attend the hearing.
applicable submitted to the funds are available in the
Review Officer for The court will sometimes adjourn the application to a later date. adult’s trust account at the
a Desk Application This can occur when the adult is objecting, or another party is Public Trustee’s Office.
or to OPGT Legal if applying, issue with application, etc. Response timelines can vary
it is a Hearing depending on the program or
Application. When hearings are in person, the order is received back same or institution. This process may
next day. During COVID, the order may not be received for two to take 2 to 6 months.
three weeks after the hearing.

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