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

 

Representative 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.

Representation Agreements

 

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:

*Please note that the Public Guardian and Trustee office charges fees for its services.

 

Resources

Further Information

Advance Directives

Advance Care Planning in Canada:  www.advancecareplanning.ca  or  www.planificationprealable.ca

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: publicguardianandtrustee@gov.yk.ca