Читать книгу Protect Your Elderly Parents - Lynne Butler - Страница 25

If your elderly relative is receiving benefits from the federal Government, including Old Age Security, Canada Pension Plan, Guaranteed Income Supplement, Spouse’s Allowance, or Survivor’s Allowance, it may be possible for a family member to apply directly to the government to become an informal trustee. This is different from a court-ordered trusteeship in many ways, the main difference being that the informal trustee only has authority to deal with the government benefits. This means, for example, that an informal trustee would have the power to deposit the Old Age Security or Canada Pension Plan cheques and use the money to pay bills, but would not have the power to deal with any other property owned by the dependent adult, such as the dependent adult’s house, investments, or money inherited under an estate. In other words, this kind of informal trusteeship is really only meant for people who do not have other assets besides the government benefits.

However, if the only asset needing attention at the moment is a government pension or benefit, then this option is definitely worth considering. No court application is involved in this process, which means that there are no court fees, no service of documents on other people, and fewer delays. Application for informal trusteeship is made through the Government of Canada, Income Security Programs. They have offices in all provinces and territories as well as a toll-free number (1-800-277-9914).

In order to make an application for informal trusteeship, two forms must be filled out and provided to the government. The first is the Certificate of Incapability, a form that must be completed and signed by the dependent adult’s doctor to provide evidence that the person really does require assistance. The second is the Undertaking to Administer Benefits Under the Old Age Security Act and/or the Canada Pension Plan Act. These forms, as well as assistance in completing them, can be obtained by calling the toll-free number mentioned above. By calling this number, you can also, if you wish, discuss whether informal trusteeship is the right choice for you and your elderly relative.

You can also complete the forms online by accessing the Government of Canada website. These forms are in PDF format so that you complete them by typing the information in the fields provided, and then print the completed forms and mail them to the address provided on the website.

A similar informal trusteeship is also available through Veterans Affairs Canada for seniors who are receiving benefits from that department. In addition, provincial aid programs for individuals with mental or physical disabilities that prevent them from working also allow and encourage informal trusteeship. If your elderly relative is receiving disability benefits of any kind from the government, you can inquire about informal trusteeship to the program that pays the benefits.

If you become an informal trustee for your relative, you will have the legal authority to collect the dependent adult’s monthly cheque, deposit the cheque in the bank, and use the money to pay the dependent adult’s bills. It does not give you the authority to use any of the dependent adult’s money for yourself or to pay yourself. Nor does it give you the authority to touch any of the dependent adult’s other money or property.

One of the advantages of informal trusteeship is the initial cost of becoming a trustee, which is significantly less because no application to the court is required. Another advantage is the simplicity and quickness of the application process. There is also the advantage that informal trustees are not required to make appearances in front of a judge to account for their trusteeship.

The disadvantage is that the scope of the informal trustee’s authority is limited only to the government benefit and not any other assets of the dependent adult. You should consider both the advantages and the disadvantages when determining whether this approach would work for you.