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Abuse and Violence

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The Office of the Public Trustee

The Office of the Public Trustee is a new provincial government agency set up to protect the interests of the most vulnerable persons in New Brunswick.

The mandate of the Public Trustee is:

  • To provide personal and financial guardianship services to adults who need support due to a mental or physical incapacity;
  • To administer the estates of deceased and missing persons;
  • To protect the financial interests of children; and
  • To protect the legal interests of incompetent persons.

The Public Trustee can:

  • Manage Property and Financial Matters – Make decisions about property, investments and finances of the person, including managing money placed in trust. The Public Trustee may act as an attorney under a power of attorney, or be appointed by the Court as a trustee or as Committee of the Estate.
  • Make Personal Care Decisions – As a Court appointed guardian or with a Power of Attorney, the Public Trustee can make decisions about a person’s health care, medical treatments and other personal care matters.
  • Administer or Execute Estates – This involves administering the estate of a New Brunswick resident who has died leaving assets within the province, when there is no one willing and/or able to do so.
  • Act as Litigation Guardian – This involves handling the legal matters of an incompetent person.

The Public Trustee cannot:

  • Become involved in mediating family disputes or investigating cases of financial abuse, but will make appropriate referrals.

The Public Trustee provides ongoing representation

The Public Trustee will represent a person or an estate for as long as required. The Public Trustee works closely with any known family members and with care providers to ensure the wishes of the client are respected and that individuals remain as independent as possible.

All information received and held by the Public Trustee will remain highly confidential.

The Public Trustee charges a fee for services

The Public Trustee charges a reasonable fee to clients using their services. The fee is based on the specific service used plus reimbursements for related costs. The Public Trustee will discuss services and fees with individuals, families or representatives of clients and collect any fees from the assets of the person they represent.

You can get a copy of the fee schedule (set out in the regulations of the Public Trustee Act) from the Public Trustee.

You can view the Public Trustee Act and Regulations on the Government of New Brunswick website at: http://www.gnb.ca/0062/PDF-acts/p-26-5.pdf

For more information or to access services, contact:

Office of the Public Trustee
P.O. Box 400, Fredericton, NB E3B 4Z9
Telephone: 506-444-3688
Fax: 506-444-3500
Email: public.trustee@gnb.ca

Toll-free: 1-888-336-8383

www.gnb.ca/justice

This pamphlet was developed in cooperation with the Public Legal Education and Information Service of New Brunswick (PLEIS-NB)
www.legal-info-legale.nb.ca


ISBN:978-1-55471-150-5

 

 

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Disclaimer: Please note that our website contains general information about the law. This is not a complete statement of the law on particular topics. We try to update our publications often, but laws change frequently so it is important for you to check to make sure the information is up to date.  The information in our publications is not a substitute for legal advice. To receive legal advice about your specific situation, you need to speak to a lawyer.