Important terms

Administrator - When a person dies without a will, there is no executor to see that everything is handled properly.  Or sometimes a will does not name an executor, or none of the executors named in a will are able to act. In these cases, someone needs to fill the executor’s role and see that everything is handled properly. This person is called an administrator. The court uses the general term personal representative for a person appointed as an administrator.  For more information, see the Wills section.

Custodian - A custodianis someone who has legal responsibility to care for something and keep it safe.  In the case of the Public Trustee Office, this might happen when the land or possessions of a missing or deceased person need to be located and protected.

Estate – An estate is everything that a person owns. It includes land, vehicles, investments, cash, jewellery, and furniture.  A person’s estate is often referred to as property.

Executor - An executoris someone named in the will of a person who has died.  The executor is responsible for seeing that everything is handled properly.  They gather assets of the deceased, pay debts and taxes, and distribute the remaining money and property according to instructions in the will. The court uses the general term personal representative for a person appointed as an executor.  For more information, see Wills section.

Guardian - A guardian is someone who has legal responsibility for the personal or financial interests of a minor (person under 19).

Representative – A representative is a person appointed by the court to act for another person who is unable to manage their own affairs. For more information, see the Representative Decision-making for an Adult section.

Trustee - A trustee is a person appointed by court order or other legal document to hold and manage something for the benefit of another person, for example, property. The Public Trustee may consent to be appointed as a trustee, for example, to manage insurance proceeds or a court settlement for a minor.

What is the Public Trustee?

The Public Trustee Office is an independent provincial office that has the authority to manage the financial and health care needs for certain people when no one else is willing, suitable, or able to act.

The Public Trustee Act authorizes the Public Trustee to act as representative (adults) or guardian (children), custodian or trustee of a person who is unable to care for their own affairs.  It also authorizes the Public Trustee to act as executor or administrator of the estate of a person who has died.

You will find more information on the Nova Scotia Public Trustee website at gov.ns.ca/just/pto/.

What does the Public Trustee do?

The Public Trustee often acts when no one else is able to take responsibility for a person’s estate. Situations when the Public Trustee can act on behalf of members of the public include:

• Acting as a trustee for a minor who receives money in an insurance settlement or inheritance but does not have a parent or guardian who is able to manage the money.

• Serving as a representative for an adult in need of representation who is not able to manage their own finances and has not appointed an attorney to act for them.

• Investigate complaints about misuse of a representation order or guardianship order. If you wish to submit a complaint to the Public Trustee, you can contact them online at [email protected] or 902-424-7760.

• In certain situations, applying to the Probate Court to be appointed as the administrator or personal representative of a deceased person’s estate.

• Giving medical consent for a mentally incapable person if there is no one else who can do this. If a patient has not appointed a delegate, the doctor will speak with family members. The Hospitals Act lists which family members may be asked to give medical consent. If no one is available or willing to give medical consent for the patient, the hospital contacts the Public Trustee. The Public Trustee is the decision-maker of last resort.  The Public Trustee carefully reviews the medical request for treatment. If treatment is in the best interests of the patient, the Public Trustee will give medical consent. In making its decision, the Public Trustee will try to learn if the patient has ever expressed any wishes concerning the medical treatment and will try to make a decision that respects these wishes. 

Also see the sections Representative Decision-making for an Adult, Powers of Attorney, and Health Care Treatment & Consent.

Is the Public Trustee required to represent everyone who asks for its help?

 

No. The Public Trustee accepts matters on a case-by-case basis and it will not do any of the following:

• help to mediate disputes in a family
• investigate financial abuse
• become the representative or guardian of the person (responsible for the physical care and well-being of a person).

What does the Public Trustee cost?

The Public Trustee is able to charge the same costs and fees as a lawyer. Often a judge will set the amount of costs and fees payable to the Public Trustee.  Generally, the fee for services provided is based on a percentage of the value of the person’s estate and is set out in the regulations under the Public Trustee Act.

Usually a judge orders that the costs and fees of the Public Trustee be paid from the estate of the person. Sometimes a judge will order that another person, who may or may not be directly involved in the process, pay the costs and fees of the Public Trustee.  The accounts of the Public Trustee are audited every year.

Where can I get more information about the Public Trustee?

You can get further information about the work of the Public Trustee’s Office online at novascotia.ca/just/pto/

You can also call, write, or make an appointment to visit the Public Trustee’s Office:

Public Trustee’s Office
Suite 405, 5670 Spring Garden Road Halifax, Nova Scotia
PO Box 685
Halifax, NS B3J 2T3
Tel: (902) 424-7760
Email: [email protected]

Public Trustee - Health Care Decisions Division
Phone: (902) 424-4454
Fax: (902) 428-2159
Email: [email protected]