backgrounder to information bulletin gifts and donations - Public ...

BACKGROUNDER TO INFORMATION BULLETIN
GIFTS AND DONATIONS FOR BABY JANE DOE
December 9, 2004
What is the Public Guardian and Trustee?
The Public Guardian and Trustee (PGT) is an independent corporation sole established under the Public
Guardian and Trustee Act.
The PGT’s mandate is to serve:
• Children and youth under the age of 19 by protecting their legal and financial interests;
• Adults who require assistance in decision-making through protection of their legal rights, financial
interests and personal care interests; and
• Heirs and beneficiaries of deceased persons when there is no one else willing or able to administer their
estates; the estates of missing persons; and the beneficiaries of personal trusts.
The PGT currently serves approximately 26,000 clients and administers $592 million of trust funds.
How does the PGT become Guardian of the Estate for a child?
There are a number of circumstances where the PGT becomes Guardian of the Estate for a child. These
include:
- when a child is taken into continuing custody by the Ministry of Children and Family Development
(s.50(1)(b) of the Child, Family and Community Services Act)
- when a child is undergoing adoption (s.24(2) of the Adoption Act)
- by court appointment, when a temporary custody order is made and the child has a financial or legal
interest that must be dealt with and the interests of the parent conflict with those of the child (s.58(1)
of the Child Family and Community Service Act and s.23(1) of the Family Relations Act), and
- when a child is without a legal guardian (for example when a child is orphaned) (s.29(3) of the
Family Relations Act)
What does the PGT do as Guardian of the Estate for a child?
As Guardian of the Estate for a child, the PGT is responsible for protecting the child’s legal and financial
interests. This includes managing any funds or property the child may have (such as inheritances, personal
injury awards or life insurance proceeds), applying for any benefits that the child may be entitled to, and
pursuing any legal claims the child may have.

BACKGROUNDER TO INFORMATION BULLETIN
GIFTS AND DONATIONS FOR BABY JANE DOE
2
Under what circumstances does the PGT manage trust funds for children?
The PGT may hold funds for a child under a will, a trust agreement, a court order or by legislation.
The PGT administers trusts for children in accordance with BC laws. These include the Infants Act, Public
Guardian and Trustee Act and the Trustee Act. The Public Guardian and Trustee Act provides that the PGT
is trustee of funds that are held for children for whom the PGT is guardian of the estate. As funds are
received, the PGT invests children’s fund in one of three PGT pooled funds, managed by the BC Investment
Management Corporation. All income earned through investment is credited to the child’s trust account.
The PGT has the discretion and the authority to release all of part of a child’s money – prior to age 19 – for
the maintenance, education and benefit of the child. At the same time, the PGT must ensure that any funds
released are used for the purpose(s) for which they were intended.
For more information on how the PGT manages children’s trusts, see our publication, “Your Child’s Trust
Fund: A Guide to Working with the Public Guardian and Trustee”, available on the publications page of our
website at www.trustee.bc.ca.
Some current statistics about Child and Youth Services at the PGT
• acts as Guardian of the Estate for over 6,000 children in BC
• as Trustee, manages 13,180 trust funds on behalf of children with a total value of $175 million
• the average value of children’s trust accounts is $14,100