Public Guardian and Public Trustee in Nunavut

When no family member is willing, eligible, or available to take on decision-making authority for an incapacitated parent, the Nunavut Court of Justice appoints the Office of the Public Guardian and Trustee (OPGT). This is the guardian of last resort — and for many families, learning that a government office will manage their parent's personal care and finances comes as a shock.

Understanding when the OPGT steps in and what it costs can motivate families to act before it becomes the only option.

When the OPGT Takes Over

The Public Guardian is appointed by the court when:

• An elder has lost mental capacity and has no enduring power of attorney in place
• No private family member meets the eligibility criteria (18+ years old, Nunavut resident, friendly personal contact within the past 12 months, no conflict of interest)
• All eligible next-of-kin decline to serve as private guardian or trustee
• There are credible allegations of abuse, neglect, or financial exploitation by an existing private guardian or attorney

The OPGT also has statutory authority to investigate concerns about a vulnerable adult's safety and to apply for emergency guardianship to secure an elder's well-being.

What the OPGT Controls

The Public Guardian and the Public Trustee operate as two distinct functions, often held by the same office:

Public Guardian — authority over personal matters: where the parent lives, healthcare decisions, daily care arrangements, social activities. This is the personal care side.

Public Trustee — authority over financial matters: managing bank accounts, pensions, investments, real property, tax filings, and settling debts. The Public Trustee must maintain strict separation of the elder's funds and file specialized tax returns (T1 and T3).

Fees and Costs

The OPGT charges fees directly against the elder's estate:

• Open file fee: $200
• Ongoing administration: $100 per hour for reviews and case management
• Commission: A percentage charged against the estate for ongoing management

These fees are drawn from the elder's own assets. For elders with modest estates — which is common in Nunavut's small communities — these administrative costs can meaningfully diminish what remains for their care and for their family.

Why Families Want to Avoid OPGT Involvement

The OPGT is not a bad actor — it exists to protect vulnerable people when no one else will. But public guardianship has real drawbacks:

• Loss of family control. Decisions about your parent's care, living arrangements, and medical treatment are made by a government office, not by people who know your parent's preferences, cultural practices, and community ties.
• Administrative delays. The OPGT in Nunavut, like most northern public agencies, is often understaffed. Processing applications and responding to family inquiries can be slow.
• Cultural disconnect. For Inuit families, decisions about elder care are deeply connected to community, language, and traditional practices. A government office may not have the cultural context to make decisions that align with your family's values.
• Ongoing costs. Hourly fees and commissions steadily reduce the estate over time.

How to Keep Decision-Making in the Family

The most reliable way to avoid OPGT involvement is to execute planning documents while your parent still has capacity:

1. Form B (Enduring Power of Attorney) — gives a family member immediate, ongoing authority over financial affairs. No court needed, no government involvement.
2. Personal directive — documents your parent's healthcare preferences and names a preferred guardian. While not statutorily enforceable in Nunavut, the court must consider it when deciding whom to appoint as guardian.
3. Guardianship application — if capacity is already lost, filing promptly for private guardianship keeps the OPGT as a fallback rather than the default.

The Nunavut Power of Attorney & Personal Directive Kit walks families through both the proactive planning path and the guardianship filing process, with Nunavut-specific templates designed to keep decision-making authority within the family.

See more Nunavut guides →