Job Specification

Purpose of Position :

In French and /or English to investigate referrals of estates from lawyers, police departments, social agencies, funeral homes, hospitals and the general public. To provide comprehensive financial and para-legal management to a caseload of estate trusts of varying complexity.

Duties / Responsibilities :

Under the general direction of the Team Leader, Estates and Corporations, the incumbent provides effective services for financial management of estates, as a key player of a multi-disciplinary team by:
Identifies, realizes assets and determines liabilities including securing all estate assets; decides to abandon chattels when there is no net gain for estate; authorizes estate disbursements including but not limited to the following:
-funeral expenses;
-purchase of memorial or grave marker;
-general expenditures;
-repairs, enhancements for upkeep of real property;
-genealogists and estate locators;
-redeems R.R.S.P.'s, R.I.F.'s and other investment plans to ensure financial advantage to estate;
-debit balances for expenses, etc. prior to receipt of estate funds in accordance with the limits prescribed by the PGT's Delegation of Authority;

Determines whether or not the estate falls within the parameters of the Crown Administration of Estates Act and whether or not there are sufficient assets to warrant administration according to OPGT policy.

Approves sale of estate chattels; recommends sale of chattels; refers complex claims, sale of real estate and proof of heirship to solicitor. Ensures the Public Guardian and Trustee's legal authority is in effect at all times; identifies legal issues of a wide variety when managing estate, including fraudulent and financial abuse of estate, e.g. contacting legal counsel and/or police fraud squad; provides testimony as an expert witness at court in matters litigated, at inquests, and at examinations for discovery; provides well researched reports to litigation counsel on undertakings given at discoveries; participates in the determination of costs and viability of litigation.

Prepares well researched options and recommendations on a variety of issues for consideration of the Team Leader, Estates and Corporations, as well as, responses, affidavits and reports required by Litigation Counsel, other government agencies, MPP's, Provincial Ombudsman, etc.

Explains powers and duties of estate trustee to the legal profession and general public and establishes a professional liaison in order to ensure proper administration of estates.

Constantly monitors estate trust and financial situation of estates under active or incomplete administration; identifies and corrects any errors in financial trust.

Responds to requests for decisions on an ongoing basis in the areas under Public Guardian and Trustee's authority; documents decision-making steps and rationale.

Initiates and/or conducts investigations involving alleged property abuse or deterioration; assesses investigation report and takes necessary steps.

Initiates necessary forms for Court applications leading to Certificates of Appointment of Estate Trustee with or without a Will, Succeeding Trustee, etc.; swears Applications and Affidavits and ensures documents are sent promptly to Court to ensure no loss of revenue to estate and to safeguard property. Obtains real estate documentation including valuations and Registry Office documents.

Staffing and Licencing :

Advanced oral and written French language skills.

Knowledge :

Position requires thorough knowledge of a variety of legislation including the Crown Administration of Estates Act, Estates Act, Estate Administration Act, Succession Law Reform Act; working knowledge of Family Law Act, Powers of Attorney Act, Substitute Decisions Act; extensive knowledge of estate practices as related to funerals, burials, taxation and disposition of estate assets. Thorough knowledge of legal and financial terminology and
issues. Good understanding of the legal system, court procedures and practices in order to provide estate services as well as expert testimony on estate matters if required. Solid knowledge and demonstrated experience with computers including on-line data systems, especially Trust Accounting Management System (TAMS), File Management System (FMS), E-Mail, including software systems such as Highlander Estate Court System and
WordPerfect 6.1.

Skills :

A high level of financial and administrative skills in order to effectively administer estate trusts. Assessment skills; excellent understanding and appreciation of the role of the Office of the Public Guardian and Trustee and its policies and procedures; superior analytical skills in order to identify and monitor estate trusts as well as to resolve potential crisis of a legal and financial nature; conflict management skills as well as negotiation, mediation and
consultative skills in order to provide and deal effectively with relatives, lawyers, creditors, etc. Strong organizational skills to meet strict deadlines, set work priorities and work under pressure.
Ongoing contact with team members, client representatives, investigators, financial officers and support staff to resolve problems concerning estate management and to exchange information. Regular contact with solicitors on a range of legal issues. Regular contact with senior staff of police departments, coroner's office, funeral homes, hospitals, social agencies, creditors, financial institutions, other ministries, potential heirs and their lawyers
and members of the public to clarify the role of the Public Guardian and Trustee, and to obtain, provide and present information with respect to estate management.

Position requires oral and written French language skills at the advanced level.

Freedom of Action :

Sound knowledge and independent decision-making is exercised in:
Determining whether or not the estate falls within the parameters of the Crown Administration of Estates Act; determining whether or not estate has sufficient assets to warrant administration by the Public Guardian and Trustee; determining estate abuse and whether or not such abuse should be referred to legal counsel; determining whether and how to retain or dispose of estate assets; referral of other potentially litigious matters to legal
counsel; review and payment of claims within the limits set out in the PGT Delegation of Authority memorandum.
Accountable for the quality and appropriateness of administering and managing estate trusts and for the provision of technically accurate opinions, and testimony at court or other hearings. Directly accountable for the timely follow-up, investigation of estate and the accurate provision of information and recommendations to the Team Leader, Estates and Corporations. Also accountable with respect to giving timely and accurate advice to Public Guardian
and Trustee, senior management and colleagues including Legal Counsel in own and other ministries. Mismanagement of estate trust or failure to properly investigate referrals, could lead to financial loss to the estate, as well as the Office of the Public Guardian and Trustee, public criticism directed to the Ministry, loss of confidence and possible litigation against the Public Guardian and Trustee.