Ontario Public Guardian and Trustee fees
Learn about fees for Ontario Public Guardian and Trustee services.
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You may need to pay a fee for a service provided by the Public Guardian and Trustee (PGT) or their employees and agents. The fee may be calculated either:
- as a flat rate for each thing done
- on an hourly basis
- by the actual costs incurred by the PGT
- by the percentage of income or capital of an estate
- in any other manner the PGT considers appropriate
The fees are set by the PGT and approved by the Attorney General under the Public Guardian and Trustee Act.
This page provides information about common fees. You can find the complete list of fees under the PGT fee schedule.
If you cannot afford to pay the fees
The PGT may use their discretion to reduce the amount of a fee or waive the payment in case of hardship or other circumstance.
The PGT may be appointed guardian of property. As guardian, the PGT makes decisions for people who are unable to look after their own finances.
Fees for financial decisions
The fees that the PGT charges for making financial decisions as guardian of property (called compensation) are the same fees that all Ontario guardians of property are allowed to charge under a Substitute Decisions Act regulation.
Guardians’ compensation is based on the value of the payments made and received on behalf of the incapable person (3% per transaction) and on the total value of their property (0.6% per year).
This means that if the Office of the Public Guardian and Trustee (OPGT) receives $100.00 income on behalf of the incapable person, the fee would be $3.00. If the OPGT pays a bill of $100.00, the fee would be $3.00. If the total value of the client’s property is $100,000.00, the fee for one year would be $600.00.
Additional property guardianship fees
Additional fees for legal work, property management, income tax filings and other specialized services provided to guardianship clients are charged at standard rates.
If the incapable person cannot afford the fees
If the PGT determines that an incapable person cannot pay the fees, the PGT may stop collecting some or all their fees on a temporary basis. If that happens, the amount that was not charged may be collected in the future from the incapable person or their estate.
You can bring a court application to ask a judge to approve the PGT’s management of an incapable person’s property, including fees, if you are:
- the incapable person
- their guardian of the person or attorney for personal care
- a dependant of the incapable person
- the Children’s Lawyer
- a judgment creditor of the incapable person
- any other person, with permission of a judge
At the hearing, the judge can be asked or decide to adjust the PGT’s compensation based on the value of the services performed.
Replacing the PGT as statutory guardian
Certain people, such as family members, are entitled to apply to replace the PGT as statutory guardian of property under the Substitute Decisions Act, 1992. The fee for the review of this application is $382. Payment is due upon the issuance of the Certificate of the Public Guardian and Trustee transferring guardianship and is usually paid by the incapable person.
Estates administration, trusts and specialized property
The PGT may be appointed as Estate Trustee or manage funds as a trustee. The fees for this service are calculated in the same way as guardians’ compensation (3% per transaction and 0.60% of the annual value of the assets being managed).
Fees for legal services, property management, tax filings and other services provided to the estate or trust follow the fee schedule.
Charitable property services
The PGT may be asked to review an application for an order under s. 13 of the Charities Accounting Act. The PGT’s consent is required for the order.
The fee of $500, which is HST exempt, is payable to the PGT at the time of delivery of the application documents.
The PGT may be appointed as litigation guardian or legal representative by court order for persons for whom the PGT is guardian of property or for people otherwise not involved with the PGT.
The PGT is represented by a lawyer when acting as litigation guardian or legal representative, with the legal fees charged to the person for whom the PGT is appointed. Wherever possible, the PGT seeks to recover the person’s legal costs from the opposing party.
Substitute Decisions Act (SDA) applications
The PGT must be named as a party in all private SDA applications for guardianship. OPGT counsel review the court documents and provide the PGT’s position in writing to the applicant and the court.
The fee is $250.
If the PGT participates in the litigation, the fee is the hourly rate of counsel and staff providing the service.
Review of change to guardianship plan or management plan
A court ordered guardian can change a management plan (finances) or guardianship plan (personal care) with the PGT’s consent, without having to return to court.
A fee of $50 is charged for the PGT’s review and approval. It is payable by the guardian, from the incapable person’s funds.
The OPGT may investigate concerns about a person’s mental incapacity under ss. 27 or 62 of the Substitute Decisions Act, 1992.
If the PGT becomes the person’s guardian, the incapable person must pay a fee of $100 per hour for investigating and report writing.
Accountant of the Superior Court of Justice
The Accountant of the Superior Court of Justice holds, manages and pays out money. The money may be held in trust for:
- a minor
- mentally incapable adult
- a party to litigation
The accountant’s fees are deducted directly from the trust account held by the OPGT.
In most cases, there is a 3% fee on receipts and disbursements and an annual fee based on 0.60% of the value of the funds under management.
No fee is charged when money is first paid into court for a minor. Fees are only charged for more deposits. Fees and HST that are higher than the income earned in that month will be reduced to protect the initial investment.
Withdrawal fees will not be more than the amount of interest earned that month. The fee on the final payment to the minor will not be more than the final month’s interest.
H.S.T. is charged for all services provided by the OPGT, except for the services related to charitable property.