FAQ: Estate Claims
Estate Claims
What do I need to submit if I have just
become the executor or executrix of the Estate of a deceased
HCV Infected Person?
According to Section
3.05 of the Transfused Plan (Schedule A) and Section
3.04 of the Hemophiliac Plan (Schedule B), you must submit
the following:
- Proof that the death of the HCV Infected Person was caused
by his or her infection with HCV;
- Unless the required proof has already been previously
delivered to the Administrator, one of the following:
- A copy of the Medical Death Certificate or autopsy report of the HCV Infected Person, or the hospital discharge summary at the time of death of the HCV Infected
Person;
- An N2A form completed by the treating physician;
- A complete TRAN 1 or HEMO 1 Form, which lists you as
the HCV
Personal Representative for the Claim;
- As well as one of the following:
- an original certificate of appointment of Estate
Trustee; or
- a grant of probate, or letters of administration;
or
- a notarial will (or copy thereof certified to be
a true copy by a lawyer or notary); or
- such other proof of the right of the claimant to
act for the estate of the deceased as may be required
by the Administrator.
What do I do if the deceased HCV Infected
Person did not leave a Last Will?
According to Section
3.05(1)(c) of the Transfused Plan (Schedule A) and Section
3.04(1)(c) of the Hemophiliac Plan (Schedule B), when
the deceased HCV Infected Person did not leave a Last Will,
the person wishing to act as the HCV
Personal Representative must obtain documentation supporting
a formal appointment for he or she to act on behalf of the
Estate of the deceased.
This formal appointment is most often called "Letters
Of Administration. In Ontario, the appointment is referred
to as " Certificate of Appointment of Estate Trustee
without a Will". In Québec, they are called "Letters
of Verification." "Letters of Administration"
provide that a friend or family member has the legal authority
to settle any Claims that the Estate may have outstanding.
Why is it necessary for a Family Member
to submit a long form Birth Certificate, rather than a regular
Birth Certificate?
A long form Birth Certificate includes the names of parents,
which are not shown on a regular Birth Certificate. This information
helps Family Members establish the proof of relationship required
in Section 3.07 of Transfused
Plan (Schedule A) and Hemophiliac
Plan (Schedule B).
Who can sign Claim forms on behalf of
a minor or a mentally incompetent adult Claimant?
In order to sign Claim Forms, the person signing must have
guardianship over the minor or mentally incompetent person.
A Parent automatically has guardianship over the person who
is a minor child. A Parent can therefore sign all Claim Forms
on behalf of a minor HCV Infected Person.
The Court appointed Guardian must sign all Claim Forms on
behalf of a HCV Infected adult who is mentally incompetent.
Who can sign a Full and Final Release
on behalf of a minor or mentally incompetent adult Claimant?
Section 9.01 of Transfused
Plan (Schedule A) and Hemophiliac
Plan (Schedule B) provide that a Personal Representative
can sign the Release on behalf of the HCV Infected minor or
mentally incompetent HCV Infected Person.
In the case of an HCV Infected Person who is a minor residing
in Québec, the signatures of both Parents are required,
even if the couple is separated or divorced. Compensation
payments will be made by cheque payable to both Parents.
How are funds allocated to Family Members,
when a Claim involves minors or mentally incompetent adults?
- Compensation Under Article 6.02 of the Transfused
Plan (Schedule A) and the Hemophiliac
Plan (Schedule B) - Fixed Payments to Children $15,000
or $5,000 or Grandchildren $500
In the absence of a Court order giving the parent or other
adult guardianship over the property of the HCV Infected
minor or mentally incompetent adult, this type of compensation will be paid by cheque
payable to the Public Trustee of the province where the
minor or mentally incompetent adult resides.
- Compensation Under Article
5.01(2) of the Transfused Plan (Schedule A) and Article
5.01(2) or 5.01(4)
of the Hemophiliac Plan (Schedule B) - Lump Sum Payments
of $120,000 or $72,000 to be shared between the Estate,
Family Members and Dependants
In cases involving minors or mentally incompetent adults, the allocation of the $120,000 or $72,000 will be done by the Administrator
in accordance with the Court Approved Protocol.
In the absence of a Court order giving the parent or other
adult guardianship over the property of the HCV Infected
minor or mentally incompetent adult, this type of compensation will be paid by cheque
payable to the Public Trustee of the province where the
minor resides.
It is important to note that in all cases involving minors or mentally incompetent adults,
the allocation of the $120,000 or $72,000, as determined
by the family, will be reviewed by Fund Counsel and furthermore
must be approved by the Court. The review and approval is
necessary in order to ensure that the amount allocated to
the minor or mentally incompetent adult is fair and reasonable.
- Compensation Under Section 6.01of the Transfused
Plan (Schedule A) and the Hemophiliac
Plan (Schedule B) - Loss of Support or Loss of Services
Payable to Surviving Dependants of the Deceased HCV Infected
Person
In order to protect the interests of the minor or mentally
incompetent adult who are Approved
Dependants, a Court Approved Protocol Claims
Where One or More of the Dependants is a Minor or Mentally
Incompetent Adult has been developed to allocate the
compensation payable to such Dependants.
The Administrator will take the following steps:
- Calculate the total compensation payable for loss
of support or loss of services; AND
- Determine how many Approved Dependants exist. The
total amount payable will have to be shared between
every Approved Dependant; AND
- Calculate the amount "owing" to each Dependant
based on the allocation formula included in the above
mentioned Protocol; AND
- Prepare a summary page where the allocations are
listed for each Approved Dependant and mail the summary
sheet to the person who initiated the Claim for loss
of support or loss of services.
It is important to note that in all cases where one or more
of the Dependants are minors, an Undertaking Form will have
to be completed by the adult having care and control of
the minor(s).
Index of Questions
Top
|
