New Brunswick Public Trustee for an Elderly Parent: When to Call, How It Works

When There Is No One Else

Most families have at least one adult child, sibling, or trusted friend willing to step into the role of representative when an elderly parent loses capacity. But some families don't. The parent is estranged from their children. The only child lives overseas and cannot manage Canadian financial affairs. Every potential candidate has a conflict of interest, a criminal record, or a relationship so fractured that the court would not appoint them.

That is where the Public Trustee comes in — and only where the Public Trustee comes in. This is not a convenience service. It is a representative of last resort.

What the Public Trustee Does

The Public Trustee operates under the New Brunswick Legal Aid Services Commission and serves as a statutory decision-maker when a court determines that a vulnerable adult needs representation and no suitable private person is available.

Under a court-issued Representation Order (Level 3 of the SDMRA), the Public Trustee can:

• Manage the person's financial affairs — bank accounts, pension payments, property, taxes
• Make personal care decisions — healthcare consent, residential placement, daily living arrangements
• File applications for government benefits (CPP, OAS, GIS) on the person's behalf
• Pay bills and manage household expenses from the person's own funds

The Public Trustee acts according to the same legal standard as any private representative: decisions must be made in the person's best interest, consistent with their known wishes and values.

How to Apply

The process starts with an Application for Adult Services (Form 03), submitted to the Public Trustee's office. This form can be filed by a family member, a social worker, a healthcare provider, or any concerned party.

The application must include:

• A Capacity Assessment Report (Form 3) completed by a registered medical practitioner, nurse practitioner, or psychologist — confirming that the adult lacks capacity to make the relevant decisions
• Documentation showing that no family member or friend is willing, suitable, and legally able to serve as representative
• Details about the adult's current living situation, financial circumstances, and care needs

The Public Trustee's office reviews the application, may conduct its own investigation (including interviews with family members and care providers), and decides whether to consent to being appointed. This evaluation process can take several weeks to several months, depending on complexity and caseload.

If the Public Trustee agrees to act, the appointment is formalized through a court application to the Family Division of the Court of King's Bench — the same process used for any Representation Order under the SDMRA.

What It Costs

The Public Trustee charges management fees that are deducted directly from the represented person's estate. Fee structures are governed by New Brunswick Regulation 2008-56.

The fees are paid from the represented person's estate under the applicable regulation. The Public Trustee is not a free service, and ongoing management costs should be a factor in families' planning.

When the Public Trustee Will Decline

The Public Trustee will typically not consent to be appointed if:

• A suitable family member exists. If an adult child or sibling is willing and able to serve, the Public Trustee expects them to apply for a Representation Order instead.
• The adult still has capacity. The SDMRA framework requires a formal capacity assessment showing the person cannot make or participate in the relevant decisions. If the person can still make or participate in those decisions, a less restrictive SDMRA pathway may be appropriate.
• Less restrictive options are available. If a Level 1 Decision-Making Assistance Authorization or a Level 2 Supported Decision-Making Order would suffice, the court (and the Public Trustee) will prefer those options over full representation.

The Gap Between Crisis and Appointment

The hardest part for families is the time gap. Your parent is in a hospital bed, unable to manage their affairs, and the Public Trustee process takes weeks or months. During that gap:

• Bills go unpaid
• Government benefits may be disrupted
• The hospital may struggle to discharge your parent to an appropriate care facility because no one can sign the admission contract

Hospital social workers can coordinate temporary care arrangements during this period. They can also explain how to contact or refer the case to the Public Trustee's office, though "urgent" still does not mean "immediate."

An Ounce of Prevention

The Public Trustee pathway exists because it has to — because some families reach a point where no private solution works. But it is expensive, slow, and removes family control entirely. A court-appointed Public Trustee makes decisions about where your parent lives, how their money is spent, and what medical care they receive.

An enduring power of attorney drafted while your parent has capacity can be arranged before the court process and keeps decision-making within the family.

The New Brunswick Power of Attorney & Personal Directive Kit walks families through both property and personal care EPA preparation — including the specific conversations and document organization that make the lawyer appointment efficient and thorough.

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