ACT Public Trustee and Guardian: EPoA Services, Fees, and Alternatives

What the PTG Does in the ACT

The Public Trustee and Guardian (PTG) is a consolidated statutory entity formed in 2016 when the ACT merged its Office of the Public Trustee with the Guardianship Unit of the Public Advocate. The PTG serves as the financial manager and personal guardian of last resort for individuals who have lost decision-making capacity and have no suitable family member or friend to act on their behalf.

For advance care planning, the PTG has two relevant roles: it operates an EPoA and Will safe custody register, and it acts as a fallback guardian when no EPoA exists and ACAT determines that an appointment is necessary.

EPoA Safe Custody Fees

The PTG charges $220 (2025/2026) or $228 (2026/2027) to deposit an EPoA or Will into its safe custody register. If you later need to withdraw or retrieve the document, there is an additional fee of $166.

This is a storage service, not a legal drafting service. The PTG no longer drafts estate planning documents in-house. Instead, it refers low-means individuals to private law firms operating under capped statutory fees. Those firms may charge upwards of $879 for a standard Will and EPoA package — a cost that catches many families off guard when they expected the PTG to handle everything.

Depositing your EPoA with the PTG is optional. The EPoA is valid without registration. The main benefit of PTG safe custody is security — the original document is held in a controlled environment and can be retrieved when needed. The drawback is cost and the practical delay of retrieval during an emergency.

An alternative is to store the original securely at home (in a fireproof safe or with your solicitor) and distribute certified copies to your attorneys, your GP, and any aged care facility. The certified copies are sufficient for most healthcare and financial transactions. The only situation requiring the original is registration with Access Canberra Land Titles for real property dealings.

PTG as Guardian: What It Costs

When the PTG is appointed as guardian or financial manager by ACAT, its fee structure is significantly more substantial:

• Professional time: $340 to $522 per hour, depending on the complexity of the work
• Capital commissions: Sliding scale on the estate's capital value, up to 4.4% on assets under management
• Annual management fees: Charged on an ongoing basis for as long as the PTG holds the appointment

These fees are drawn from the protected person's own estate — not from the government. For a Canberra property owner with a house, superannuation, and bank accounts, the PTG's annual management costs can run into thousands of dollars.

PTG vs. a Private Attorney Under an EPoA

The fundamental difference is one of choice and cost. If you execute an EPoA and appoint a family member or trusted friend as your attorney, that person acts without charge (though they can claim reasonable out-of-pocket expenses from your estate). They know you, your values, and your preferences.

If you lose capacity without an EPoA, and ACAT appoints the PTG, you get an institutional decision-maker operating under standardised policies. The PTG does not know your personal values. It cannot attend a bedside conversation with your treating doctor at 3 a.m. Its decisions are guided by statutory obligations and risk management, not by decades of shared life experience.

The PTG's involvement is not inevitable. It is the consequence of not planning.

The Land Titles Registration Question

Separately from PTG safe custody, if your appointed attorney needs to deal with real property on your behalf — selling your house to fund aged care, for example — the EPoA must be registered with Access Canberra Land Titles before any transaction can proceed. This registration costs $110 and requires lodgement of the original EPoA.

This is a different registry from the PTG's safe custody register. You can register with Land Titles without depositing with the PTG, and vice versa. Most families who own property in the ACT should register with Land Titles at the time the EPoA is executed, not when a property transaction becomes urgent.

What to Do Instead of Relying on the PTG

The most cost-effective path is straightforward:

1. Execute an EPoA on Form AF2017-45, naming a trusted attorney for healthcare, personal care, and financial decisions
2. Have the EPoA properly witnessed (two witnesses, Witness 1 must be authorised to witness statutory declarations)
3. Register the EPoA with Access Canberra Land Titles if you own property
4. Store the original securely and distribute certified copies to your attorney, GP, and any care facility
5. Execute a Health Direction and Statement of Choices to complement the EPoA

This process costs nothing if you prepare the documents yourself using the approved government forms. The PTG's $220–$228 safe custody fee and private-firm drafting fees that can exceed $879 for a standard Will and EPoA package are avoidable.

The ACT Advance Directive & Living Will Kit guides you through this entire process step by step, including the document execution tracker to manage the witness, storage, and distribution requirements without paying institutional fees.

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