The Adult Guardianship and Trusteeship Regulations under the Adult Guardianship and Trusteeship Act of Prince Edward Island, establishes detailed rules for the administration of guardianships and trusteeships. They clarify the management of records, the responsibilities of trustees and guardians, access to information, and procedural matters, ensuring accountability and transparency while protecting the rights of represented persons. The regulations define the Act, specifying that all references in the regulations pertain to the Adult Guardianship and Trusteeship Act.

Under these regulations, the Prothonotary is required to maintain a Register that includes records for each guardianship or trusteeship order. For guardianships, the Register must contain supporting documents, capacity assessment reports, review dates as directed by the court, and contact information for the represented person and appointed guardians. Trusteeship orders require similar records, including documents supporting the order, scheduled review dates, and trustee contact information. These requirements also extend, with necessary adjustments, to foreign orders confirmed by the court.

Access to the Register is carefully controlled. Persons described in the Act may access specified information if they demonstrate a legitimate interest, such as determining whether an individual is under a guardianship or trusteeship, reviewing terms of the order, or contacting a guardian or trustee. Additional provisions allow others to request information if they provide reasons and are deemed by the Prothonotary to have a legitimate interest.

The regulations set requirements for notice and criminal background considerations. Applications for guardianship or trusteeship concerning minors must be personally served on relevant family members and others with decision-making authority under the Children’s Law Act. For purposes of determining suitability, specific criminal offences under the Criminal Code, including assault, sexual assault, fraud, theft, criminal harassment, and criminal breach of trust, are prescribed.

Trustees are required to maintain detailed records of a represented person’s property, liabilities, income, investments, gifts, and all financial transactions, ensuring accountability for management of property and finances. Accountings must be in writing and include comprehensive details covering the trustee’s activities for the reporting period. Trustees may elect to be compensated according to the prescribed fee schedule by filing the appropriate election with the Prothonotary.

The regulations also address procedural matters. Courts may hear applications in the absence of the applicant or other persons if service has been made and no hearing is requested within 30 days, or if the court dispenses with service. Appeals require service of the notice of appeal to relevant parties, including the subject of the order, any guardians, trustees, attorneys under enduring powers of attorney, and agents under personal directives.

Prince Edward Island (1079/2025) December 2, 2025
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.