I manage my husband’s federal pensions, because he can’t do it himself. What happens if I’m no longer able to do it?

Sorry to hear about the challenges you and your husband are facing. It sounds like you're doing your best to navigate a complex situation with care and foresight. Let's break down your concerns to provide some clarity on how you might proceed.

The pension trusteeship

A pension trusteeship allows someone to receive and manage the pension benefits of another person. (You mention you’re doing this for your husband.) Service Canada deals with federal pension programs such as Old Age Security and Canada Pension Plan. Their pension trustee application form (here's a link to it) doesn’t have a place where an alternate trustee can be named. You can contact Service Canada to clarify whether an alternate can be named. 

Another option is for someone else to take over as pension trustee when you can’t or don’t want to do it anymore. They'd have to fill out the application form (linked above) and submit it to Service Canada. The trustee is called a “private trustee” on the form. The trustee can either be a person or an organization like a church or seniors organization. A signed certificate from a qualified medical doctor is also required. The doctor would need to verify that your husband needs help to manage his pension income.

A standard representation agreement

Unfortunately, your own planning documents can't be used by your children to manage their dad's financial affairs. (This includes your representation agreement and enduring power of attorney.) This is true even if you become incapable.

But there’s another option to consider. It's a specific type of representation agreement: a standard representation agreement. This planning document gives the representative broader powers than a pension trusteeship. And a person can be supported to put it in place even when they have limited or declining capacity. 

Under a standard representation agreement, a representative can deal with the routine management of financial affairs. For example, they can pay bills, deposit income (including pension benefits such as those covered by your pension trusteeship), and purchase food and supplies. They can also deal with most legal, health care, and personal care matters. However, there are some things they can’t do. They can’t buy or sell real property, for example, or take out a loan in the adult's name.

The person making a standard representation agreement can name an alternate representative. This is someone who can step in if the first representative is no longer willing or able to help. For example, your husband could choose to name you as his representative. He could then name one or both of his children as alternates. This can ensure that your husband's needs will continue to be met.

If someone other than a spouse is named as a representative, extra safeguards are required. This includes completing extra paperwork as well as appointing a monitor. A monitor makes sure the representative is carrying out their duties. (If a body such as a trust company or the Public Guardian and Trustee is the representative, a monitor isn’t needed.)

For more, see why prepare a standard representation agreement and this step-by-step guide on how to prepare one. 

Who can help

For assistance, you could try reaching out to Seniors First. They have an elder law clinic and might be able to help you figure out the best plan moving forward in your circumstances. There are also other free and low-cost options for legal help.