Public Trustees

This section is of interest to you if you are claiming on behalf of a HCV Infected Person who is a minor or mentally incompetent adult. Below, you will find important information about compensation payments and to whom they are made for claims involving minors or mentally incompetent adults.

Guardian of the Person

In the case of a minor or mentally incompetent HCV Infected Person, Section 9.01 of Schedule A and Section 9.01 of Schedule B of the Settlement Agreement provide that the Personal Representative of the minor or the mentally incompetent adult can sign all claim forms. In summary, the Settlement Agreement provides that the Personal Representative is deemed to have guardianship over the person of the minor or mentally incompetent HCV Infected Person.

The Personal Representative may also sign the Full and Final Release of the Approved Class Member who is a minor or mentally incompetent adult. Signing the Release amounts to acceptance of the compensation offered under the class action plans. In Québec, both parents so long as they are living, of an Approved Class Member who is a minor, must sign the Release.

Guardian of the Property

A parent of a minor or the Legal Guardian of a mentally incompetent adult must have a Court order confirming his or her guardianship over the HCV Infected Person's property. Without such a Court order, compensation payments will be paid to the Public Trustee of the province where the Approved Class Member who is a minor or mentally incompetent adult resides. Please consult Section 7.06 of Schedule A (Transfused HCV Plan) or Section 7.06 of Schedule B (Hemophiliac HCV Plan).

In the case of a minor HCV Infected Person, payments will be made to the Public Trustee until the minor reaches the legal age of majority in the province where he or she resides. Once the minor reaches the legal age of majority, compensation payments will be paid directly to him or her. Parents of a minor can receive payment instead of the Public Trustee if they produce a copy of a Court order appointing them as guardians of the child's property. To obtain such a Court order, parents must apply to the Court.

In the case of a mentally incompetent adult HCV Infected Person, payments will be made to the Legal Guardian, so long as his or her appointment includes a clause dealing with guardianship over the property of the mentally incompetent adult. In the event that the Legal Guardian does not have guardianship over the HCV Infected Person's property, payment will be made to the Public Trustee in the province where Approved Class Member who is a mentally incompetent adult resides.

However, some exceptions apply, namely in the provinces of Nova Scotia and Québec. If you are seeking Guardianship of Property in Nova Scotia, all parents must get a Court order to receive funds in excess of $2,000 payable to their HCV Infected Child or mentally incompetent adult. If you are seeking Guardianship of Property in the province of Québec, parents do not have to get a Court order, as the Administrator will issue a cheque payable to both legal parents for their HCV Infected Child or mentally incompetent adult. The Administrator then advises the Public Curator (Curateur public) that a cheque has been issued and they, in turn, will monitor the disbursement of the money.

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Role of the Public Trustee

Provincial laws have been enacted across the country to protect all minors and mentally incompetent adults. The Public Trustee acts to promote and uphold the legal rights and safeguard the financial interests of minors and adults.

Compensation payments will be paid into a trust for the HCV Infected Person who is a minor or a mentally incompetent adult. It is the HCV Infected Person's money. The trust account will be invested and interest will accrue. Parents and Legal Guardians can be involved in decisions about how the money is managed.

Below are the names of Public Trustee representatives assigned to receive compensation payments for Approved Class Members who are minors or mentally incompetent adults.

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Hepatitis C Compensation Payments - Public Trustee Contacts

Alberta (top)	Age of majority is 18	Minors: Alberta Justice Office of the Public Trustee 400 South, Brownlee Building 10365 97th Street Edmonton AB T5J 3Z8 Telephone: (780) 427-2744 Fax: (780) 422-9136 Estates and Mentally Incompetent Adults: Alberta Justice Office of the Public Trustee 400 South, Brownlee Building 10365 97th Street Edmonton AB T5J 3Z8 Telephone: (780) 427-2744 Fax: (780) 422-9136
British Columbia (top)	Age of majority is 19	Minors and Mentally Incompetent Adults: Ms. Laurie Audet, Manager, Guardianship and Trust Services Public Guardian and Trustee of BC 700-808 West Hastings Street Vancouver BC V6C 3L3 Telephone: (604) 775-3480 Fax: (604) 775-3479
Manitoba (top)	Age of majority is 18	Minors, Estates, and Mentally Incompetent Adults: John S. Fergusson, Counsel for the Public Trustee Public Trustee of Manitoba Suite 500, 155 Carlton Street Winnipeg MB R3C 5R9 Telephone: (204) 945-2723 Fax: (204) 945-0410
New Brunswick (top)	Age of majority is 19	Minors and Mentally Incompetent Adults: Office of the Public Trustee PO Box 400 Fredericton NB E3B 4Z9 Telephone: (506) 444-3688 Fax: (506) 444-3500
Newfoundland (top)	Age of majority is 19	Minors, Estates, and Mentally Incompetent Adults: Public Trustee of Newfoundland c/o John Baird 136 Crosbie Rd. Suite 401 St. John's NL A1B 3K3 Telephone: (709) 729-4504 Fax: (709) 729-3063
Nova Scotia (top)	Age of majority is 19	Minors and Estates: Estelle Thériault Q.C. Office of the Public Trustee of Nova Scotia 405-5670 Spring Garden Road PO Box 685 Halifax NS B3J 2T3 Telephone: (902) 424-7760 Fax: (902) 424-0616 If you are seeking Guardianship of Property, all parents must get a Court order to receive funds in excess of $2,000 payable to their HCV Infected Child or mentally incompetent adult.
Northwest Territories (top)	Age of majority is 19	Minors and Mentally Incompetent Adults: Larry Pontus Public Trustee PO Box 1320 Yellowknife NWT X1A 2L9 Telephone: (867) 873-7464 Fax: (867) 873-0184
Nunavut (top)	Age of majority is 19	Minors and Mentally Incompetent Adults: Douglas R. Wallace Public Trustee PO Box 1000, Station 560 Iqaluit NU X0A 0H0 Telephone: (867) 975-6340 Fax: (867) 975-6343
Ontario (top)	Age of majority is 18	Minors: Accountant of the Superior Court of Justice for Ontario 595 Bay Street, Suite 808 Toronto ON M5G 2N3 Telephone: (416) 314-2477 1 800 366-0335 Fax: (416) 314-2481 The province of Ontario has waived all fees relating to accounts held for minors who receive funds under the 1986-1990 Hepatitis C Settlement. This is particularly important for those grandchildren who are receiving small amounts ($500.00) which would otherwise be eroded by fees. Note: Only ONTARIO minors will benefit from this waiver of fees. Mentally Incompetent Adults: Laurie Redden Deputy Public Guardian and Trustee 595 Bay Street, Suite 800 Toronto ON M5G 2M6 Telephone: (416) 314-2777 Fax: (416) 326-1366
Prince Edward Island (top)	Age of majority is 18	Mentally Incompetent Adults (Financial Matters): Les Zielinski Public Trustee PO Box 2000 Charlottetown PE C1A 7N8 Telephone: (902) 368-0371 or 4564 Mentally Incompetent Adults (Personal Care Decisions): Betty Newson Department of Health and Social Services PO Box 2000 Charlottetown PE C1A 7N8 Telephone: (902) 368-6523 Minors: Mark Gallant Public Trustee of P.E.I. Office of the Attorney General 95 Rochford St PO Box 2000 Charlottetown PE C1A 7N8 Telephone: (902) 368-4552
Québec (top)	Age of majority is 18	Minors: Mr. Gabriel Toix Curateur public du Québec Bureau 500 600, boul. René-Lévesque Ouest Montréal (Québec) H3B 4W9 Telephone: (514) 864-2357 Toll-free: 1 800 363-9020 Fax: (514) 864-8063 Web: www.curateur.gouv.qc.ca Mentally Incompetent Adults: Mr. François Blais Curateur public du Québec Bureau 500 600, boul. René-Lévesque Ouest Montréal (Québec) H3B 4W9 Telephone: (514) 873-0197 Toll-free: 1 800 363-9020 Fax: (514) 873-0146 Web: www.curateur.gouv.qc.ca
Saskatchewan (top)	Age of majority is 18	Minors: Lisa McKee Supervisor of Children's Services Public Guardian and Trustee of Saskatchewan 100-1871 Smith Street Regina SK S4P 4W4 Telephone: (306) 787-5424 Fax: (306) 787-5065 E-mail: lmckee@justice.gov.sk.ca Mentally Incompetent Adults: Mr. Jim Tewksbury Public Guardian and Trustee of Saskatchewan 100-1871 Smith Street Regina SK S4P 4W4 Telephone: (306) 787-5424 Fax: (306) 787-5065 E-mail: jtewksbury@justice.gov.sk.ca
Yukon (top)	Age of majority is 19	Minors, Estates, and Mentally Incompetent Adults: Judy Suley Public Administrator/Official Guardian PO Box 2703 Whitehorse YT Y1A 2C6 Tel: (867) 667-5366 Fax: (867) 393-6246