Form 34: Trusteeship Plan - Alberta Human Services - Government of Alberta

Form 34: Trusteeship Plan

A trusteeship plan must accompany every new application for trusteeship and each review application.

A trusteeship plan is necessary to indicate how the trustee(s) will be managing the property interests of the represented adult. “Property interests” include the adult’s finances, investments, assets, liabilities, legal actions involving money, income, and expenses.

An updated plan may be submitted with a review application or when there has been a substantial change and the trustee plans to do something different than what the trustee proposed in the original trusteeship plan.

In this form the word “adult” refers to the person for whom an application for a trusteeship order is being made or, if there is already a trusteeship order in place, to the represented adult.

Only the trustee(s) or proposed trustee(s) need to sign and date the trusteeship plan.

Trusteeship Plan Preparatory Checklist
Instructions
Adult’s Assets and Liabilities
Adult’s Income and Expenses


Trusteeship Plan Preparatory Checklist

Before you sit down to complete the trusteeship plan, you may find it helpful to have the following documents and information close at hand:

Name and province of residence for each trustee and alternate trustee, as well as each proposed new trustee and alternate trustee, if applicable (if you anticipate the Public Trustee or a Corporate Trustee being appointed as trustee you should contact those organizations as the trusteeship plan should come from the party who will be acting as trustee for the adult).

Assets

Information about or copies of titles for real property including any mines and minerals, owned in whole or in part by the adult

Copies of statements or information about:

  • bank statements
  • tax sheltered investments such as Registered Retirement Savings Plans (RRSPs), Registered Retirement Investment Funds (RRIFs), Registered Education Savings Plans (RESPs), Tax Free Savings Accounts (TFSAs) or Registered Disability Savings Plans (RDSPs)
  • non-tax sheltered investments such as GICs, term deposits, brokerage accounts, savings bonds, mutual funds, segregated accounts, life insurance with cash value

Information about other assets such as cash on hand, an account at a residential facility, shares, security certificates, shareholder loans, private loans

Any other type of property owned in whole or in part by the adult such as vehicles, livestock, tools, inventory, valuables)

Liabilities

Information about any money the adult owes to anyone such as loans, child support arrears, spousal support arrears, mortgages, credit cards, outstanding taxes or other debts

Income and Expenses

Information about the adult’s income sources

Information about any benefits the adult receives such as pensions, disability benefits, veterans benefits and the like

Information about the adult’s monthly expenses

Other information

Does the adult have:

  • A will? (If so, where is it?)
  • A safety deposit box? (If so, where is it located?)
  • Any outstanding tax matters?
  • Unfinished legal matters

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Instructions

Enter Court file number, judicial centre and the adult’s name.

1. In this section provide the names of all of the trustees and the provinces in which they live. If the trustees live outside of Canada then indicate the Country of residence. There is no restriction on the number of people who can be trustees but keep in mind all of the trustees must act and make decisions jointly unless otherwise indicated in the trusteeship order and court applications may be needed to resolve disputes. If you need more room, either click “add more” if you are completing the form on your computer or attach another sheet of paper with the information.

2. Alternate trustees are those people who will become the trustees if the trustees above are no longer willing, able or suitable to act as trustees. As with trustees, there is no restriction on the number of alternates you can name.

You may name specific alternate trustees who would take over for specific trustees. You can also provide the names of alternate trustees who would take over if any of the trustee(s) were not able or suitable to continue acting. If you don’t match alternate trustees with trustees, and there is a disagreement as to who will be the alternate for a specific trustee, a court application may be needed.

Again, keep in mind all of the alternate trustees must act and make decisions jointly unless otherwise indicated in the trusteeship order, and court applications may be needed to resolve disputes. If you need more room, either click “add more” if you are completing the form on your computer or attach another sheet of paper with the information.

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Adult’s Assets and Liabilities

Assets

This section of the trusteeship plan deals with the proposed represented adult’s assets. There are spaces for information about land and mineral titles, bank accounts, registered and non-registered investments, and other types of assets such as cars, machinery and jewelry. You may find it useful to quickly scan the section before beginning to fill out the boxes so you have an idea of which assets you will record in which sections. Detailed information about income and expenses will need to be provided later in the form.

3. Land may include a residential property, commercial property, farmland or any other kind of real property. Check the appropriate box. If you check yes, please complete Schedule 1 for each property.

4. Answer the question in #4 by checking the appropriate box. If you check yes, please complete Schedule 2 for each property.

5. For this section you may find it useful to have information about the adult’s bank accounts handy. If you don’t have the information or have been unable to get the information, please provide as much detail as you can about the accounts and estimate the balances.

Joint bank accounts are those accounts that the adult has in their name, along with another person- usually a spouse, partner, child or other relative or friend. Please indicate in the space provided if there is another person’s name on the account and how they are related to the adult.

The Court will want to know what the proposed trustee(s) intend to do with funds in the account(s). Please explain in the box provided how you plan to manage the bank accounts. Provide as much detail as you can.

6. If the adult has any investments that shelter money from tax until a later date, please provide the information (non tax sheltered investments are in #7 below). You may find it useful to have the investment statements handy before completing this section. Please outline the proposed trustees’ plans for these investments in as much detail as possible.

7. If the adult has other investments, please enter that information where indicated. You may find it useful to have the investment statements available to assist you. If you do not have statements but are aware that the accounts exist, provide as much detail as possible and then explain how you plan to manage the accounts should you become trustee.

8. It is possible that the adult has other types of assets that don’t fit in the sections above. In this set of boxes, please provide as much detail as possible about these other assets and how you plan to manage the accounts should you become trustee.

9. In this section record other assets that have value. If you are not sure of the value of some items, try looking for the value on the internet, in trade publications, or by calling someone who might be knowledgeable. In “other information” please add any comments about things such as ownership, condition, and location of the property. At the bottom of this section, please explain what your plans are for the property and how you intend to manage the items should you become trustee.

Liabilities

This section provides information to the Court about any liabilities, i.e. money that the proposed represented adult owes.

Please provide information about whether the adult owes money and if so, how much and on what terms. If any loans or debts are in arrears please note that under other information.

At the bottom of the section, please outline your plan to manage the liabilities in the short term and in the long term.

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Adult’s Income and Expenses

Income

For sections 11-13 you may find it useful to have copies of the proposed represented adult’s bank account statements nearby.

Schedule 3 has a worksheet that you may use to estimate the adult’s total monthly income. If the proposed represented adult’s income is likely to change in the near future because the adult will begin to receive other income or the start of payments towards a debt please record the anticipated change in section 12.

The represented adult may be eligible for many different types of benefits. You may be required to look into other possible sources of revenue to ensure the adult has as much income as possible.

Expenses

In this section, please record the monthly expenses for the proposed represented adult. Please refer to Schedule 4 which will help you do this calculation. As you did above for the income section, please advise if you anticipate an increase or decrease in expenses in the near future or longer term.

16. Types of non-recurring expenditures may include items such as a therapeutic bed, a wheelchair or a lump sum payment on a debt among other things. If you are planning to make such a payment if you become trustee, please describe the anticipated expense. Check no if you do not anticipate making any substantial non-recurring expenditures.

17. Please indicate if you expect that the proposed represented adult’s income is enough to cover their regular monthly expenses. If that is not the case, please explain how you intend to cover any shortfall.

Administration of Adult’s Financial Matters

In this section you will provide more detail about how you plan to manage the proposed represented adult’s financial affairs should you become trustee.

18. Check either yes, no or do not know. If you check yes, please provide additional information.

19. If there is or will be than one proposed trustee for the adult it is possible to have each of the proposed trustees responsible for different things. For example, one trustee might manage the adult’s bank accounts and investments while another might manage the adult’s real estate. If you are requesting the Court to appoint different trustees to manage different things, please check the appropriate boxes and explain exactly how you are proposing that multiple trustees manage the affairs of the proposed represented adult.

21. The prudent investor rule directs trustees to invest so that the investment earns a reasonable return but the investment is not placed at undue risk. If the prudent investor rule does not fit the investment situation the trustee is proposing for the adult, you may ask the Court to approve to do something different. Please specify if you are asking the Court for advance approval to manage the proposed represented adult’s financial affairs differently than is stated in the Trustee Act.

22. Many care facilities or residential facilities have set up accounts or allow their clients to set up accounts to hold small amounts of money for day to day items such as coffee outings, haircuts, and pedicures. These accounts are generally called “comfort” accounts as they provide access to money for daily living expenses that enrich the adult’s life e.g. coffee money, books, movies. If such an account is set up where the adult lives, or will live, you must ensure that you get statements about the account so you can verify how the money is being spent.

23. Many adults are able to manage bank accounts in the community. The adult can access his or her own account and can withdraw money as needed. If you set up such a bank account, you must decide how much money goes into the account and how often deposits are made. Generally the accounts don’t carry a very high balance- you must determine how much is appropriate for the adult.

24. If you expect to hold money or other assets for the adult that will not be recorded solely in the adult’s name or in trust for the adult, you must provide information to the court about why the assets are not in the adult’s name and why this arrangement is appropriate.

25. If you anticipate mixing the adult’s assets with your own (e.g. putting the adult’s money into your bank account, you must provide information to the Court about why this arrangement is appropriate.

Use of Adult’s Property for Benefit of Others

26.-28. If you anticipate making payments, loans or gifts from the proposed represented adult’s money to yourself, someone you live with, to a relative or to a business in which you have a substantial investment, or for the benefit or any other person, you must describe the situation and the details of any transactions that you plan to make. It is important that you explain thoroughly to the court why it is appropriate for you as trustee to use the proposed represented adult’s money in this fashion. Please use sections 26-28 to describe the plans you have regarding the use of the adult’s property to benefit others.

Other Matters

These questions deal with other matters that may be relevant to the management of the proposed represented adult’s property interests. Please read each carefully and make sure to provide explanations for each question that you answer “Yes”.

29. A bond or other form of security (collateral) is required for proposed trustees who live outside the province of Alberta. A bond or other form of security (collateral) is also required for any proposed alternate trustee who resides outside of Alberta, if required to act as trustee for the adult in the future. The bond or security (collateral) helps ensure that the property of the proposed represented adult remains as secure as possible. In the appropriate circumstances the Court can dispense with the requirement for a non-resident trustee to provide a bond or other form of security (collateral). If you feel that in your circumstances such a bond or security (collateral) is not necessary or appropriate you may ask the Court to dispense with the requirement. Please provide as much detail as you can if you are asking the Court to dispense with a bond other security (collateral).

30. Sometimes what a proposed trustee might plan to do to manage the adult’s property is different than what the adult instructed be done in the adult’s will. For example, a proposed trustee might think it reasonable to sell the adult’s vehicle but in a Will, the proposed represented adult may have given instructions that the vehicle be given to a specific person. So the trustee should not be selling the vehicle unless there are additional reasons not to do so. Therefore it is very important to determine if the adult has a will and if so, determining the will’s instructions. If the adult has a will it is your responsibility to keep the document safe. Please explain to the Court how you intend to do this.

31. Often times, the proposed represented adult’s Will or other important documents are contained in a safety deposit box (SDB). If there is no specific information available about a SDB, consider reviewing the adult’s bank statements to see if there is a rental charge for a box.

32. For tax matters, you might consider dealing with the issues yourself or retaining the services of an accountant.

33. Legal proceedings may include matrimonial property issues, family law matters, corporate and business affairs in addition to class actions or other lawsuits.

34. In this section you will advise the Court whether you wished to be paid for your work if you are appointed as trustee for the proposed represented adult. The regulations contain information about the compensation that is normally available. If that compensation does not fit your situation, you may ask the Court to review the situation at a later date, such as when you apply to have your accounts examined by the Court. You may also decline compensation for your efforts but you may still claim for direct expenses and reimbursement of money given to the proposed represented adult. Indicate which scenario fits your situation by checking the appropriate box.

35. If there is any other information you feel the Court should know about your situation and that of the proposed represented adult, please use the space indicated. If you require additional room, check “add more” or use a separate piece of paper.

The following schedules ask you for details about real property and mines and minerals titles. Two other schedules are worksheets to calculate the income and expenses for the proposed represented adult. Please complete the schedules and attach them to the trusteeship plan.

If you require additional space, please copy the schedule and complete them as instructed.

Schedule 1 – Real Property (Land)

Complete this schedule if the adult owns real property (land) in Alberta. If the adult owns more than one property, provide the indicated information for each property owned by the adult.

You may find the municipal address or legal description on a certificate of title, tax assessment notice or purchase documents. If you cannot locate this information, try contacting the local city or town hall where the property is located.

Complete as much information as you have about the ownership and value of the property. You must also set out your plan for this property once you are appointed trustee. If you check “other” please provide additional information.

Please Note: As trustee you have no authority to sell or mortgage land or to lease land for a term in excess of 3 years, unless the trusteeship order authorizes you to do so. If such authority is requested, evidence must be provided to the Court in affidavit form explaining why the proposed transaction is in the adult’s best interest.

Schedule 2 – Mineral Titles

Complete this schedule if the adult owns any freehold mineral titles in Alberta. If the adult owns more than one mineral title, provide the indicated information for each title owned by the adult.

You may find the legal description on the certificate of title for the minerals. Complete as much information as you have about the ownership and value of the property. You must also set out your plan for this property once you are appointed trustee.

If you check “other” please provide additional information.

Please note- As trustee you have no authority to sell land (including minerals), grant a lease for a term in excess of 3 years, or encumber (e.g. mortgage) land unless the trusteeship order authorizes you to do so. If such authority is requested, evidence must be provided to the Court in affidavit form explaining why the proposed transaction is in the adult’s best interest.

Schedule 3 – Income Worksheet

Use this form to assist your calculation of the adult’s income. If there are other types of income that are not listed, please add another page or another row(s) to the form as needed.

Schedule 4 – Expenditures Worksheet

Use this form to assist with your calculation of the adult’s expenditures. If there are other expenditures that are not listed, please add an extra page or another row(s) to the form so you have enough space.

Created:
Modified: 2015-10-19
PID: 16407

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