Department of Justice

Adult Guardianship

A guardian may be appointed by the Supreme Court for an adult who they believe is incapable of handling all or part of their own affairs. Guardianship is a legal process which gives a person the legal authority and responsibility to manage the affairs of the adult's on that adult's behalf and care for, assist and protect that adult. "Affairs" include activities of daily living and other personal matters, health care, legal matters and financial affairs.

Considering Guardianship of an Adult

The following booklet is for persons who are considering applying to court to have a guardian appointed for an adult who they believe is incapable of handling all or part of their own affairs. It provides general information about making a decision to proceed with an application to the court for guardianship.

Applying for Guardianship of an Adult

Forms to download and print.

Trained Assessors

When you apply for guardianship of an adult, Form 6 (Incapability Assessment Report) must be completed by a trained assessor. In addition to providing the completed assessment, the assessor must provide the court with a copy of his or her curriculum vitae (CV). The assessor follows guidelines for conducting assessments [180KB ].

The following assessors [32KB ] have taken the Yukon incapability assessment training. However, medical doctors (including psychiatrists), registered nurses, psychologists or occupational therapists are also qualified to perform incapability assessments.

List of Keywords

Adult - Is a person who has reached 19 years of age.

Affairs - Includes activities of daily living and other personal matters, health care, legal matters, and financial affairs.

Affidavit - It is a written statement of facts sworn under oath as being the truth. The potential guardian files an affidavit to give evidence to the court. Each Form in the application for guardianship package is an affidavit. An affidavit is sworn in front of someone who is allowed to hear an oath such as a lawyer, justice of the peace, commissioner of oaths or a notary public.

Applicant - The person who starts the application in court is the applicant.

Assessor - Means a person who holds the qualifications prescribed by the regulations. Included are - a medical practitioner, a registered nurse, a psychologist, or an occupational therapist. The assessor performs an assessment of incapability.

Application - A person who wants to ask the court to make an order files an application for guardianship. The application says what type of guardianship the applicant would like to obtain from the court in the court order.

Court Order - A court order is a decision by a judge that the people named in it must follow i.e. the guardians.

Exhibit - This is a paper, document or piece of physical evidence provided to the court at a trial or hearing or attached to an affidavit.

Fees - This is money payable to the court for certain services. Applicants must pay a fee to the court to file documents or to obtain a legal document such as an order. (There will be a cost for the incapability assessment which the applicant pays to the assessor.)

Filing Documents - This is the process of adding documents to a court file by giving the original and one or more copies to the court clerk at the Court Registry. There is a fee to file some documents.

Financial Affairs - With respect to an adult means the adult's income, expenses, assets and liabilities, and includes the income, expenses, assets, and liabilities of any business carried on by the adult.

Guardians - Are appointed by the Supreme Court for adults who are incapable of managing all or part of their affairs.

Hearing - When a matter is heard by a judge in a courtroom, it is called a hearing.

Incapability Assessment - For the purposes of incapability assessments in the Yukon, the test of whether a person is incapable of managing their affairs is defined as - inability to understand; inability to appreciate the consequences of a decision or lack of a decision; or inability to execute or put the decision into action. This assessment is done by a person qualified to be an assessor.

Manage - Means to make decisions about.

Minor - Means a person under the age of 19 years.

Rules of Court - These 'rules' are procedures that people must follow. The Rules of Court also includes forms that must be used when a person is filing any documents with the court.

Serve - Serve is the word used to describe when court documents are given to the right person. Documents "served" usually give notice of a legal proceeding and in this case the guardianship hearing. Documents may be served by registered mail, or personally by putting the documents into the hands of the named person. The list of persons who may be served is found in Form 3 (4).