Property guardian services for people under the age of 19
Guardianship of a child or youth consists of two separate but related roles:
- Personal guardianship involves responsibility for a child or youth’s day to day personal, health and wellness needs
- Property guardianship involves responsibility for a child or youth’s legal and financial interests
Usually, both roles are carried out by a child or youth’s parents or legal guardian. However, when a child or youth comes into the continuing care of the Province, the two roles are divided. This is due to the potential conflict of interest between the two roles. Sometimes, protecting the interests of a child or youth can mean making a legal claim against the personal guardian. This can happen if their actions (or inaction) may have harmed the young person or caused them to lose money.
When a child or youth is in the care of the Province, the Ministry of Children and Family Development (MCFD) or a Delegated Aboriginal Agency(DAA)/Indigenous Child and Family Service Agency (ICFSA) takes on the role of personal guardian. Sometimes, the role of property guardian stays with a child or youth’s parents or existing guardian or it may transfer to the Public Guardian and Trustee (PGT).
The Province also has a responsibility to ensure that Indigenous children and youth in care remain attached to their communities and nurture connections to Indigenous culture and identity.
The PGT’s role as property guardian
We become property guardian for children and youth for:
- Those in the continuing care of the Province
- Those undergoing adoption
- Those without a legal guardian and sometimes,
- Children and youth in temporary care
We seek financial benefits and legal claims for property guardian clients.
Property guardianship is managed by our Child and Youth Services division. Each child and youth is assigned a guardianship and trust officer. The guardianship and trust officer will look after the child and youth's financial and legal affairs until they reach the age of majority and guardianship ends. In B.C., the age of majority is 19.
When needed, we will:
- Manage legal claims for damages due to injury or loss suffered by the child or youth
- Apply for financial benefits that the child or youth may qualify for. These could include benefits such as Canada Pension Plan (CPP) Children's Benefits, Indigenous entitlements and Registered Disability Savings Plans (RDSP). To see an example on how the PGT applies for an RDSP, see Kyla’s story
- Assist in making a will for a child or youth who is 16 years or older. To see an example on how the PGT helps a child or youth to make a will, see Keana’s story
- Get legal identification for the child or youth
- Help the child or youth to set goals and plan for their financial future
I am a youth in care
If you are in the continuing care of the Province, then you have a property guardian and that is the PGT. This means that we are responsible for protecting and managing your financial and legal affairs.
Financial benefits
When we are your property guardian, we apply for any financial awards or benefits you are entitled to collect. We also talk with your social worker, foster parent or any important adult who helps you.
For example, we ask your social worker to tell us if your parent is receiving Canada Pension Plan (CPP) Disability Benefits or if your parent has passed away. Why? Because you might be eligible to receive CPP benefits too. If you are eligible, you can receive these monthly benefits up to age 18. If you are in school from age 18 to 25, you may be eligible to continue receiving these benefits while you are in school. If you are eligible to receive these, or any other benefits, our office applies for and receives them on your behalf, holding them in trust for you.
If you have questions or concerns, we encourage you to contact the Child and Youth Services division at cys@trustee.bc.ca.
Protective legal reviews
If you are injured while in care of the Province, then you should reach out to a trusted adult or official to get help and get to a place of safety. Report the incident to your social worker. Your social worker is responsible for sharing this information with the PGT. Social workers send a report about the incident that caused your injury to the PGT. You may contact us directly as well at cys@trustee.bc.ca.
We review the information and will often speak with a lawyer at the PGT to find out if there might be a legal claim to make on your behalf. The types of injuries your social worker tells us about include:
- Injuries from a car accident
- An accident at school
- A physical or sexual assault or
- Some other kind of injury or harm
Please feel free to check in with your social worker or directly with us to make sure that the PGT has the most current information about you.
Post majority services for children and youth in care of the Province
Leaving continuing care and taking on more responsibility is hard. There is a lot to think about. We are here to help and support you. You can do this!
Planning for turning 19
If you are a child or youth in continuing care who is nearing the age of 19, your guardianship and trust officer will work with you, your social worker and with other supports to help you plan for your financial future. We can also help you manage your finances and monthly income after you turn 19, through our post majority services.
Post majority services
An option you can consider as part of your transition planning is our post majority services. This is where you can voluntarily allow the PGT to help continue to manage your money all the way up to the age of 27. When you enter into an agreement to receive this service, your guardianship and trust officer will work with you during your transition to adulthood to help you identify financial goals and develop budgets and plans to support these goals. We can help protect your money. You can end this agreement at any time.
Here are a few examples of how we might be able to help you after you reach the age of 19:
- “I won't have a lot of money when I age out. I don't know what to do.”
We can help you create a realistic budget. We can also help connect you to benefits that may be available to you. We can help you find resources that will help you understand how to manage your own money and make choices that are right for you - “I am going to get a lump sum when I turn 19. I need help to protect my money from my family and friends.”
We can work with you to make a plan that will protect your money so that only you can access it. We can also help you make a plan to keep your money safely in trust, so that you can make your financial future secure - “I want to go to college or university but I don't know if I can afford it.”
We can help you, so that you continue to receive benefits, such as Canada Pension Plan (CPP) Children's Benefits, while you are going to school. We can connect you to other benefits that might be available for you, including the PGT Education Assistance Fund. We can also help you set up a realistic budget for yourself. To see an example on how the PGT applies for CPP benefits and provides post majority services, see Philip’s story
You can talk to us any time when you are ready. We can help you find resources that teach you how to manage money, set goals and plan for your financial future. Talk to your guardianship and trust officer.