Advance Directive and Decision Making
Government of Yukon Health and Social Services website indicates that any person who is capable and at least 16 years old can make a directive. A directive must appoint a proxy and may set out your wishes for future health care. A proxy is someone that you trust and want to make your care decisions in the event you cannot make your own decisions. The advantage of making an advance directive is that you can appoint the person you want to play this role. This type of planning can assist your family at a time of great emotional stress and can reduce the potential for family disputes regarding the care you should receive.
In addition to advance directives, the Yukon also has developed a Resuscitation and Care form. This form is not an advance directive because it does not appoint a proxy. However, people can use this form to set out their wishes for care.
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
- Supported Decision-Making Agreement Form [English]
[YG5255] - Supported Decision-Making Agreement Form [French]
[YG5255] - Supported Decision-Making Agreements – Could this help me? [50.19 KB
]
- Overview of Decision Making, Legal Tools to Support and Protect Older Adults in Yukon
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.
Representative Agreements
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.
Representation Agreements
- Representation Agreement – Application [English]
[YG5256] - Representation Agreement – Application [French]
[YG5256] - Representation Agreements – Guidelines[65.58 KB
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?
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.
Steps to Complete an Advance Directive
Step 2: Planning for your Future Healthcare Choices – Advance Directives in the Yukon – Booklet[172.44 KB
and Planning for your Future Healthcare Choices – Advance Directives in the Yukon – Brochure[119.17 KB
Step 3: Making Health Care Decisions for a Loved One – The Role of a Substitute Decision-Maker[191.60 KB
Step 4: Abbreviated Advance Directive [bilingual]
[YG5394]
Step 5: Card to complete once you have done an advance directive [58.19 KB
Phone: 867-456-6800
Email: advancedirective@gov.yk.ca
Resources
Further Information
- Do you need an Enduring Power of Attorney?
- Adult Protection and Decision-Making Act
- Care Consent Act
Advance Directives
Advance Care Planning in Canada: www.advancecareplanning.ca or www.planificationprealable.ca