Public Trustee Nova Scotia: Role, Powers, and When They Step In

Most families never interact with the Public Trustee until a crisis forces the question: who makes decisions for an aging parent when no one else can or will? The Office of the Public Trustee is Nova Scotia's safety net — the decision-maker of last resort when every other option has been exhausted.

Understanding what the Public Trustee can and cannot do helps families know when to involve them and when other avenues are more appropriate.

Healthcare Decision-Maker of Last Resort

Under the Personal Directives Act, when an incapable adult needs urgent healthcare or continuing care placement and has no personal directive and no relative willing or available to act, the Public Trustee's health care decisions division becomes the statutory decision-maker.

The Act establishes a priority hierarchy of potential decision-makers — spouse, child, parent, sibling, and so on through increasingly distant relatives. The Public Trustee sits at the bottom of that list (position 11) and only activates when every higher-priority category has been exhausted.

This authority covers medical treatment consent, home care arrangements, and nursing home admission decisions. It does not extend to financial management.

Investigating Representative Misconduct

When a family member suspects that a court-appointed representative (under a Representation Order) or an attorney (under an enduring power of attorney) is misusing their authority, the Public Trustee is empowered under the Adult Capacity and Decision-making Act to receive and investigate formal written complaints.

Common complaint triggers include:

• An attorney making unauthorized gifts from the donor's estate
• A representative failing to follow the terms of their Representation Order
• Financial transactions that appear to benefit the representative rather than the incapable adult
• Failure to provide required accounting or notice to family members

After investigation, the Public Trustee can recommend court intervention, support a motion to revoke the representative's authority, or refer the matter for criminal investigation if financial abuse is suspected.

Capacity Assessment Subsidies

The Public Trustee's Office administers the government subsidy program for capacity assessments under the ACDMA. Families who demonstrate financial hardship can apply using Form 6 to receive up to $500 for a single-domain assessment or $700 for a dual-domain assessment covering both financial and personal care decisions.

The office also maintains the provincial roster of certified allied health professionals authorized to conduct capacity assessments — registered nurses, occupational therapists, and social workers who have completed the specialized Public Trustee training program.

When to Contact the Public Trustee vs. Other Resources

Contact the Public Trustee when:

• No family member is available or willing to act as statutory decision-maker for healthcare
• You need to report a representative or attorney for misconduct
• You need financial assistance for a capacity assessment
• You need to verify whether an assessor is on the certified roster

Contact an elder law lawyer instead when:

• You want to challenge or modify a Representation Order in court
• You need to draft an enduring power of attorney with a Monitor provision
• You are dealing with real estate transactions under a legacy EPOA

Call Continuing Care intake (1-800-225-7225) instead when:

• Your parent needs home care, caregiver benefit assessment, or long-term care placement

The Nova Scotia Power of Attorney & Personal Directive Kit maps out when each of these resources applies and includes the Public Trustee contact information, complaint process, and Form 6 subsidy application details.

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