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The
Evolving Role of the Public Guardian and Trustee |
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On November 28, 1997, the
Government Process Simplification Act1997 (GPSA) received Royal
Assent and came into force on that same day.
The GPSA [ formerly Bill 61, now S.O. 1997, c. 23 ] makes
legislative changes to many Acts in three main program areas ó
the Office of the Public Guardian and Trustee (PGT), the
Assessment Review Board, and the more than 70 tribunals that
operate under the Statutory Powers Procedure Act.
Amendments affecting the PGT will simplify some of that office's
procedures and make it more accessible to its clients.
Highlights of the amendments made by the GPSA are listed below.
The Charities Accounting Act is amended to: allow the use of
regular mail instead of registered mail or personal service when
giving written notice to the PGT of an executor or trustee of a
will with a charitable, religious or education bequest;
allow the PGT to waive receipt of copies of wills or documents
it already possesses; and repeal the requirement that the local
court registrar send the PGT a copy of a will containing a
bequest of a religious, educational, charitable, or public
purpose.
The Crown Administration of Estates Act is amended to:
allow the PGT, when it is the administrator for an estate,
to sell real estate without an Order in Council. This puts the
PGT on equal footing with private trustees who do not require
approval to sell property in the course of administration; and
allow the PGT to continue as administrator without direction of
the Lieutenant Governor in Council for those instances where it
is later claimed or proved that a deceased has relatives or did
not die intestate.
The Public Guardian and Trustee Act is amended to:
allow the PGT discretion to waive the requirement for
authenticated letters probate or letters of administration
before releasing property of a client who has died, when the
value of the estate is under $20,000;
allow the PGT to take on accounting duties ó this facilitates
the amalgamation of the offices of the PGT and the Accountant of
the Ontario Court;
allow the PGT to charge fees for services rendered by its agents
and employees;
give the PGT the right to register a lien on property for
clients with outstanding debts to the PGT; and
give the PGT the authority to fix interest rates for money held
by the PGT, on the approval of the Investment Advisory
Committee. |
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