Functional Responsibility:
The Public Trustee protects the interests of vulnerable Albertans by administering the estates of dependent adults, missing persons, decedents, and minors. The Public Trustee functions as the government official charged with looking after estates of infants and persons who are deceased, missing, mentally incompetent, serving a term of imprisonment, or who for any other reason are incapable of looking after their own affairs.

In 2004, the Minors’ Property Act (S.A. 2004, c. M–18) was enacted, giving the Public Trustee responsibility for the administration of minors’ property and the processes for reaching binding settlements of legal claims by minors. The Public Trustee Act was also updated in 2004 to remove provisions that had become obsolete or redundant, and to allow the Public Trustee to make investments and expenditures on behalf of minors, vulnerable adults, and deceased persons, and to more easily administer a deceased person’s estate if an executor or other person has not stepped forward to do so in a reasonable time.

Predecessor and Successor Bodies:
Under Section 43 of the Public Trustee Act (S.A. 1949, c. 85), the Office of the Public Trustee was the successor to three separate offices: the Official Guardian, first established under the Official Guardians Act (S.A. 1917, c. 19); the Administrator of Estates of the Mentally Incompetent, initially created under An Act to Appoint an Administrator of Lunatics’ Estates (S.A. 1916, c. 11); and public administrators appointed in the province’s judicial districts, positions originally defined through an amendment to the Judicature Ordinance of the Northwest Territories (No. 6 of 1897, s. 20) and continued under Alberta’s Judicature Act (S.A. 1919, c 3, s. 46).

Under Section 43, all property vested in these offices, all appointments and duties, all contracts entered into and all proceedings taken were to be exercised, continued and carried out by the Public Trustee.

Administrative Relationships:
The Lieutenant Governor in Council appoints a barrister and solicitor of not less than ten years standing to be Public Trustee. The Public Trustee serves for an indefinite term that lasts until the initial appointment has been rescinded. The Minister of responsible for the Public Trustee Act may also appoint a Public Trustee if the person appointed by the Lieutenant Governor in Council is unable to carry out the duties of the Public Trustee, or there is a vacancy in the position.

Administrative Structure:
The Office of the Public Trustee has offices in Edmonton and Calgary. Under its enabling legislation, the Public Trustee can delegate duties to an officer.

Names of Chief Officers:
Public Trustee
Russell Douglas Henderson, 1949-1951
Lloyd William Gardener, 1952-1983
Jack E. Klinck (Acting), 1984-1985
R.G. Drew (Acting), 1985-1986
William A. deNance, 1986–1992
Jack E. Klinck (Acting), 1992–1993
Jack E. Klinck, 1993-2006
Cynthia Bentz, 2006-2013