C.C.S.M. c. P205

The Public Guardian and Trustee Act

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Table of Contents

PART 1
DEFINITIONS
1		Definitions
PART 2
THE PUBLIC GUARDIAN AND TRUSTEE
2		Corporation sole continued
3		Appointment of Public Guardian and Trustee
4		Employees may be appointed
PART 3
FUNCTIONS OF THE PUBLIC GUARDIAN AND TRUSTEE
5		Ways in which the Public Guardian and Trustee may act
	(2)	Additional ways in which the Public Guardian and Trustee may act
	(3)	Public Guardian and Trustee may agree to act
	(4)	Public Guardian and Trustee as trustee
	(5)	Public Guardian and Trustee's consent required to act as joint trustee
	(6)	Public Guardian and Trustee not required to act
6		When Public Guardian and Trustee may not act as litigation guardian
	(2)	When Public Guardian and Trustee may be appointed litigation administrator
	(3)	Public Guardian and Trustee not to oppose application
7		Public Guardian and Trustee may administer estate
	(2)	When application may be made
	(3)	Public Guardian and Trustee may notify others
	(4)	Renunciation not required
	(5)	When this section applies
8		Revoking the grant
	(2)	Public Guardian and Trustee not to oppose application
	(3)	Notice
9		Public Guardian and Trustee as executor or administrator of estate
10		Administration of small estates
	(2)	Evidence of Public Guardian and Trustee's administration
	(3)	No fee is payable
11		Minimal property left
12		Costs recoverable from estate
13		Public Guardian and Trustee deemed to be executor or administrator during committeeship
14		Settlement on behalf of minor
	(2)	Who must be served
	(3)	Order binding
	(4)	Payment of settlement proceeds
	(5)	Public Guardian and Trustee may appeal
	(6)	Public Guardian and Trustee's costs
15		Public Guardian and Trustee holds property in trust for minor
	(2)	Instrument prevails
	(3)	Using property for minor's benefit
	(4)	Converting property
	(5)	Acknowledgment of responsibility
	(6)	Public Guardian and Trustee's responsibility discharged
	(7)	Parent or guardian holds property in trust
	(8)	Application to court
16		Court order to transfer property to another jurisdiction
	(2)	Meaning of "equivalent entity"
17		Public Guardian and Trustee's priority for administration in certain cases
18		Registered owner of land or interest in land
	(2)	Notice to be submitted
	(3)	Other instruments, etc., subject to notice
	(4)	Registered notice may be discharged
	(5)	Notice or discharge requirements
19		Requirement to provide information
	(2)	Duty to comply
	(3)	Definitions
20		Delegation of authority
21		Power to make advances
	(2)	Priority over unsecured creditors
PART 4
INVESTMENTS
22		Common fund established
	(2)	Property may be converted and paid into common fund
	(3)	Exception
	(4)	Fees and expenses of Public Guardian and Trustee
	(5)	Allotting income
23		Investment with Minister of Finance
24		Investment in common
	(2)	Interests in common
25		Separate investments
26		Deposits pending investment
PART 5
SECURITY, COMPENSATION, FEES, COSTS AND LIABILITY
27		Security not required
28		Public Guardian and Trustee may charge fee as compensation
29		Fee charged for employee services performed for a specific estate
30		Fees may be reduced or waived
31		Interim deductions
32		Public Guardian and Trustee may be awarded costs
	(2)	Public Guardian and Trustee not liable for costs
33		Fees — application appointing Public Guardian and Trustee
34		Money required to discharge liability
PART 6
GENERAL PROVISIONS
35		Audit
	(2)	Annual audit of estates or trusts
	(3)	Tabling reports in the Assembly
36		Annual report
	(2)	Requirements for report
	(3)	Tabling report in the Assembly
37		Protection from liability
38		Regulations
	(2)	Regulation may establish classes
PART 7
SUCCESSOR AND TRANSITIONAL PROVISIONS AND RELATED AND CONSEQUENTIAL AMENDMENTS
39		Appointment continued
40		Vesting of property
41		Proceedings, etc., continued
42		References
43		Common fund continued
44 to 46		[amendments to other Acts]
PART 8
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
47		Repeal
48		C.C.S.M. reference
49		Coming into force