What is an Enduring Power of Attorney?
An Enduring Power of Attorney is one of the most important documents that you should complete in your lifetime. It is a legal document that allows another person to act on your behalf with respect to your property and financial affairs. It allows you to prepare for a time when you may become ill or suffer a disability and, as a result, become unable to manage your own financial affairs.
YPLEA Standard Legal Forms – Power of Attorney
Supported Decision-Making Agreements
This document provides an overview of the various processes and legal tools from the least intrusive, where a person may be mentally capable of handling their personal, financial and legal affairs to the most intrusive and often most expensive, for those not capable.
Adult Protection and Decision-Making Act – Supported Decision-Making Agreements
Part 1 of the Adult Protection and Decision-Making Act provides for Supported Decision-Making Agreements. These agreements are for adults who can make their own decisions with some help. Two adults can enter into an agreement setting out the areas that an “associate” (support person) will assist the individual to make decisions. The agreement does not authorize the associate to make decisions on behalf of the adult. The agreement must be done on the form provided by the Yukon government.
Supported Decision-Making Agreements
Part 2 of the Adult Protection and Decision-Making Act provides for Representation Agreements. These agreements are for adults who recognize that they have trouble making some decisions. Two adults can enter into an agreement giving one or more “representatives” the authority to make day-to-day financial and personal decisions for the adult. The adults who enter into a Representative Agreement must understand what they are signing and how it affects their lives. If at any point the adult no longer understands the agreement, the Representatives no longer have any authority to make decisions for the adult. If you want to appoint someone to make financial decisions for you in the event you become incapable of making those decisions yourself, you should visit a lawyer to make an Enduring Power of Attorney.
Representation Agreements must be witnessed by a designated witness. Call a Health and Social Services social worker at 667-5674 or 456-3946 or the regional social worker in your community to have it witnessed. (First Nations’ health and social services staff can also witness these agreements.)
A Representation Agreement must be done on the form provided by the Yukon government.
Public Guardian and Trustee
The Office of the Public Guardian and Trustee of Yukon protects the legal rights and financial interests of children, acts as a guardian of last resort for adults who have no known relatives or friends to assist them, and administers the estates of deceased and missing persons where there is no known next-of-kin. Adult Guardianship is a legal process which give a person the legal authority and responsibility to manage the affairs of an incapable adult and care for, assist and protect the adult?
Other Enduring Power of Attorney Publications
The Public Guardian and Trustee may also:
- intervene in a private guardianship application if it is deemed necessary;
- investigate financial abuse and protect assets under the Adult Protection and Decision-Making Act and Care Consent Act.
*Please note that the Public Guardian and Trustee office charges fees for its services.
For More Information about the Public Guardian and Trustee Office contact:Mailing Address: P.O. Box 2703 (J-2B) Whitehorse, Yukon Y1A 2C6 Location: 3rd Floor, Andrew A. Phillipsen Law Centre 2130 – 2nd Avenue Whitehorse, Yukon Phone: 867-667-5366 Toll Free (in Yukon): 1-800-661-0408, local 5366 Fax: 867-393-6246 email: firstname.lastname@example.org Funded by the Government of Canada’s New Horizons for Seniors Program