Guardianship and trusteeship

Procedure summary

Published On

Feb 4, 2025
Purpose

To facilitate the application for guardianship and/or trusteeship for a minor child who was the dependant(s)“dependant” means a member of the family of a worker who was wholly or partially dependent on the worker’s earnings at the time of the worker’s death or who, but for the death or disability due to the accident, would have been so dependent, but a person is not a partial dependant of a worker unless the person was partially dependent on contributions from the worker for the provision of the ordinary necessaries of life; of a deceased worker or for a severely injured worker who cannot make fundamental decisions regarding their own care, financial matters or their living circumstances due to a cognitive or physical medical condition following a workplace accident.

See policy 04-07, Part 1.
Description

The decision maker begins by reviewing all necessary documents and determining whether a guardianship and/or a trusteeship may be needed. Trusteeship is a legal requirement for a minor child who was a dependant of a deceased worker and is eligible for financial benefits. Guardianship/trusteeship may also be needed when a worker or a  dependant of a deceased worker cannot make fundamental decisions regarding their own care, financial matters, or their living circumstance due to a cognitive or physical medical condition. In these cases, the decision to approve or deny guardianship/trusteeship is made by the court.

If the decision maker feels a guardian or trustee may be needed, they will contact the party providing care, a member of WCB's Legal Services Department and, when appropriate, the dependant's and/or worker's external legal counsel. 

Once the parties have been contacted, the decision maker considers the information provided and determines if a guardian or trustee may still be necessary. If so, the decision maker takes steps to facilitate the application for trusteeship/guardianship when required including payment for the legal fees and any other costs associated with the application for guardianship or trusteeship. It is important to note that WCB does not make the decision on whether someone requires a guardian or trustee, however, may help facilitate the application process. The court will ultimately decide whether a guardian or trustee is required.

The decision maker then monitors the file to ensure of the proper allocation of funds to the trustee/guardian, appropriate treatment of a vulnerable worker or dependant by the party or agency providing care, or for the date a dependent minor no longer requires a trustee.

WCB covers the legal costs necessary for a standard appointment of a legal Guardian, and/or Trustee and the periodic reviews required by the court. Financial assistance may be given to the worker's family or any other private individual undertaking responsibility for the worker's well-being.
Key information

A severely injured worker or the dependant(s) of a worker who was fatally injured, who cannot make fundamental decisions regarding their own care, financial matters or their living circumstance due to a cognitive or physical medical condition may be in need of guardianship or trusteeship. WCB may facilitate applications for trusteeship/guardianship by arranging for legal representation for the applicant and paying for legal fees. The court determines if the application will be approved. WCB does not pay guardians/trustees for their duties and does not facilitate guardianship/trusteeship because of disagreement with an individual’s decisions.  

In addition, a minor child who was a dependant of a deceased worker and is eligible for financial benefits is required to have a trustee from the Office of the Public Trustee.

Detailed business procedure

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1. Determine whether a guardianship or a trusteeship may be needed

Administrative tasks

A completed Form 1The Form 1 is a provincial government form that is completed by physicians to advise that a severely injured worker requires guardianship and/or trusteeship. must be on file for severely injured workers and dependants of a deceased worker who cannot make fundamental decisions regarding their own care or is incapable of making decisions regarding financial matters due to a medical condition, confirming that the physician agrees a trusteeship/guardianship is required, prior to facilitating an application for either a guardianship and/or trusteeship.
2. Contact the parties caring for the dependant/severely injured worker

Administrative tasks

Send a custom letter (CL000A) to the party caring for the worker or the dependant(s) of a deceased worker, confirming the conversation. 

 

 

 

Complete and fax the Workers’ Compensation Board Benefits For Minor Dependants (FM775AFC) form to the local Office of the Public TrusteeEdmonton and area (780) 422-9136. Calgary and area (403) 297-2823.. 

 

 

 

 

 

 

 

 

 

 

See EW> departments> legal services and investigations> who to contact for more information.
3. Arrange for payments and issue benefits

Administrative tasks

When the trustee is the Office of the Public Trustee, add them as a participant on the claim. 

Request payment of the legal fees using TOP/NOPThis is the payment code (Type of payment/Nature of payment) used to issue the payment. code EX14. Complete the payment description line to include details of the payment.  

For dependants or if the worker is already in receipt of a pension or will be receiving a pension send a file note with payment details to the Payment/Fatal & Pension Team Desk, with the payment schedule:

  • To set up and issue payments when there is no pension in effect.
  • To review the changes required when there is already a pension in effect.

For workers who are not and will not receive a pension, a decision maker can change the payee. i.e. if a worker is in receipt of a zero based ELP this payee can be changed without the payment unit's assistance. 

The following legal fees can be paid up to this amount unless otherwise authorized by Legal Services Département:

  • Guardianship: $2000.00 or as authorized by the Legal Services Department
  • Trusteeship: $2000.00 or as authorized by the Legal Services Department
  • Guardianship and trusteeship: $2500.00 or as authorized by the Legal Services Department
  • Disbursements paid over the above fees $350.00 or as authorized by the Legal Services Department.

Explain the dependant's benefits by completing the appropriate letter and send it to the Payment Unit to be mailed with the initial cheque payable to the Office of the Public Trustee: 

  • Fatal - Public Trustee [OPT] - Benefits (GE400L) letter.
  • Fatal - Public Trustee [OPT] - Apportionment (GE400Q) letter.
4. Monitor the claim

Administrative tasks

A task is automatically generated to the claim once the dependent minor reaches 18 years of age. For dates of accident prior to September 1, 2018, the dependant is not entitled to further benefits. 

Send the Fatal - Child turns 18 (GE400D) letter, advising that benefits will be discontinued once the dependant turns 18 years old. 

For dates of accident on/after September 1, 2018, the dependant is entitled to further benefits after turning 18. In this case, as the trusteeship ends at age 18, send a file note to the Payment Unit requesting that the payee be changed to the dependant. Send the appropriate GE403 series letter.

 

Set a reminder task using a yearly repeat rule to monitor the claim and ensure the worker's/ dependant's needs are being met. 

 

 

 

 

 

 

 

 

 

The Child Welfare Act also states that the duty to report overrides any right of confidentiality or privilege a person in a profession or occupation may claim, except for the confidential relationship that exists between a solicitor and a client. 

Contact a member of the Legal Services Department if there is any question of whether Children's Services should be contacted.