Managing the estate of a child or dependent adult, Estate services for First Nations
Find out what services are available to help you manage the property and personal possessions of a child or dependent adult who ordinarily lives on a reserve.
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Who is considered a child
A child is someone who is under the age of majority in the province, territory or country where they live. For example, in Quebec a child is anyone 17 or younger, while in British Columbia a child is anyone 18 or younger.
A child can have an estate, such as property or possessions. Usually a parent or legal guardian is responsible for the management of the estate because the child is not of legal age to do so.
We can only help manage the estate of a child in rare circumstances.
Who is considered a dependent adult
A dependent adult is someone who currently is incapable to carry out their financial affairs.
We can only help manage a dependent adult's estate after they have been officially deemed incapable.
Diagnosis must be done by a provincial or territorial authority, such as:
- a doctor or other certified health professional
- a capacity assessor employed by the province, territory or country in which the person lives
- a court of law
What is considered an estate
An estate is all of the property and personal possessions of a person.
The estate of a child or dependent adult may include:
- cash
- bonds and investments
- work benefits
- earnings
- pensions
- tax and disability benefits
- personal effects, like clothes and jewellery
- personal property, like vehicles and bank accounts
- lands and buildings owned both on and off a reserve
- money from legal settlements
An estate doesn't generally include lands or buildings owned by a First Nation or any jointly held assets if one of the holders is still alive, for example:
- joint bank accounts
- joint bonds and investments
- joint tenancy of property
How Estate Services can help
We encourage family members to manage the estates of both minors and dependent adults. Below is an overview on how we can assist in these matters.
Managing the estate of children
Our ability to help manage the estate of a child is outlined in section 52 of the Indian Act and is considered discretionary. This means we only step in when necessary, such as when the parent or legal guardian is unable to manage the estate or upon request.
Our goal when managing a child's estate is to act in the best interests of the child, ensuring their financial security and well-being.
The accounts we create to manage children's estates are called individual trust accounts.
Children include those whose parents:
- are registered
- are entitled to be registered
- are on a band or First Nation membership list
- could be added to a band or First Nation membership list
Managing the estate of dependent adults
Under section 51 of the Indian Act, we are required to manage the estate of persons found to be incapable of managing their financial affairs.
Our priority in managing a dependent adults' estate is to safeguard their assets while respecting their dignity and autonomy, always acting in their best interests.
Dependent adults included are those who ordinarily reside on a reserve and:
- are registered
- are entitled to be registered
- are on a band or First Nations membership list
- could be added to a band or First Nations membership list
Why living on or off a reserve matters
Under the Indian Act, we are only involved with estates for persons who ordinarily reside on a reserve.
Ordinarily reside on a reserve means that an eligible First Nations person usually lives on a reserve and does not maintain a primary residence off a reserve. They may, however, temporarily live off a reserve for school or training or to obtain care or services not available on a reserve.
Estate administrators
The person appointed as estate administrator for a dependent adult can only help with managing personal property and effects, such as money, lands and debts.
Authority for decisions relating to personal care is the responsibility of the province, territory or country where the dependent adult lives.
The duties of an administrator for the estate of a child or dependent adult include:
- identifying and protecting the estate property and possessions
- purchasing necessities for the child or dependent adult and providing an allowance as required
- consulting with the person responsible for looking after the everyday wellbeing of the child or dependent adult
- paying bills
- settling debts
- making arrangements for the person's business
- looking after any pension or benefit concerns
- filing tax returns
- providing a full report regarding what has been done each year upon request from
- a member of the family
- the child
- the dependent adult
- the legal guardian of the child or dependent adult
- Indigenous Services Canada or Crown-Indigenous Relations and Northern Affairs Canada
As part of our services, we will:
- review and address concerns and complaints about the management of the estate
- review the management of the estate upon request from the family
To find out about services available in your province or territory, contact:
- Alberta: Office of the Public Guardian and Trustee
- British Columbia: Public Guardian and Trustee of British Columbia
- Manitoba: Public Guardian and Trustee of Manitoba
- New Brunswick: Public Trustee Services
- Newfoundland and Labrador: Office of the Public Trustee
- Northwest Territories: Office of the Public Guardian
- Nova Scotia: Nova Scotia Public Trustee
- Nunavut: Office of Public Guardian and Trustee
- Ontario: Office of the Public Guardian and Trustee
- Prince Edward Island: Public Trustee, Public and Official Guardian
- Quebec: Curateur public: Incapacity and loss of independence
- Saskatchewan: Power of Attorney, Guardianship and Trusts
- Yukon: Office of the Public Guardian and Trustee
Contact us
If you have any questions relating to managing the estate of a child or dependent adult, email us at Estate Services.
Related links
- Forms
- Are you entitled to Indian status
- Indian Residential Schools Settlement Agreement
- Are you part of the Indian Residential Schools (Gottfriedson) Day Scholars class action
- Are you part of the Federal Indian Day Schools class action
- First Nations Drinking Water Class Action
- Hope for Wellness Help Line