Children

The Public Guardian and Trustee Act gives the Public Guardian and Trustee the responsibility to protect the property of persons who do not have the capacity to manage their own financial affairs. A minor (a person under the age of eighteen) does not have this capacity. One of the functions of the Office is to protect the interests of children under 18.

A minor may acquire property from life insurance proceeds, death benefits, injury payments, gifts and bequests from estates. However, in Saskatchewan a minor does not have legal capacity to do certain things to manage this property, such as sign a contract. It is the parents' responsibility to protect their children's financial interests and to act as their property guardians. If they do not, the Public Guardian and Trustee can provide that protection.

Although parents are the property guardians of their children, they can not hold funds for the child without a court order. If there is no court order issued, then the Public Guardian and Trustee must hold those funds for the child.

The Public Guardian and Trustee will:

• monitor the actions of executors and trustees managing property for children;
• manage children's interest in estates, lotteries and insurance policies;
• approve settlements for personal injuries and claims for loss upon the death of a parent and manage the proceeds;
• approve legal fees for these settlements; and
• consent to dealing with real estate owned by a child.

Fees that may be charged by the Public Guardian and Trustee are set out in Regulations. The monthly fee for children's funds is 1/12th of 1% of the amount held in trust.

This website provides information, not legal advice. For advice about your specific situation, please consult a lawyer.