The Yukon Supreme Court may appoint a guardian for an adult who's not able to handle their own affairs.
Guardianship gives a person the legal authority to care for, assist and protect an adult who's unable to do so for themselves.
This includes:
- activities of daily living and other personal matters;
- health care;
- legal matters; and
- financial affairs.
There are 2 types of adult guardianship:
- Temporary guardianship of financial matters for 1 period of up to 180 days
- Longer-term (permanent) guardianship for financial, health, personal or legal matters
The Public Guardian and Trustee may act as a guardian for adults who have no one to assist them.
Before deciding which type of guardianship is right for you, review the information in the guides below:
- Book 1 ‒ Frequently Asked Questions About Adult Guardianship
- Book 2 ‒ What You Should Know About Applying to Be a Guardian of an Adult
- Book 3 ‒ How to Apply for Adult Guardianship
- Book 4 ‒ How to Apply For Temporary Guardianship of an Adult
- Book 5 ‒ The Public Guardian and Trustee and Adult Guardianship
- List of Key Words Used in Adult Guardianship
Before you apply
To apply for long-term guardianship of an adult, a trained assessor must:
- find the adult incapable;
- complete an Incapability Assessment Report (Form 6);
- provide the court with a copy of their curriculum vitae (CV); and
- follow guidelines for conducting assessments.
How to apply
You have 2 options to apply for long-term adult guardianship:
Prepare the application yourself
Use this guide to assist you in making an application for guardianship on your own. We recommend that you consult a lawyer.
Hire a lawyer to prepare the application on your behalf
If you need a lawyer, contact Legal Aid or the Yukon Law Society. They'll provide you with names of lawyers in your community who specialize in this area of practice.
Which form you'll need
You'll need forms 3, 4, 5, 6 and 7. Fill out the forms on your computer then print them out for filing in court. Save copies of these forms in case the court requires you to make changes.
The Public Guardian and Trustee and private guardians can charge fees for the services provided.
Submit your application
- Download forms:
form 3 - Guardianship Application
form 4 - Applicant's Affidavit
form 5 - Statement of Proposed Guardian
form 6 - Incapability Assessment Report
form 7 - Preliminary Guardianship Plan
form 8 - Inventory Account and Subsequent Guardianship Plan
form 9 - Affidavit of Service - Complete the forms.
- Get a hearing date and time by contacting the Trial Coordinator in Whitehorse. Phone 867-667-3442 (toll-free 1-800-661-0408, extension 3442).
- File your application with the Supreme Court of Yukon. Take all your original documents and copies to the court registry in Whitehorse.
- At least 7 days prior to the hearing, serve the documents yourself or arrange to serve a copy of the filed Guardianship Application. Find out who can be served.
- Complete and swear an Affidavit of Service. File the affidavit and supporting documents with the Supreme Court before the hearing date.
Urgent situations
An application for temporary guardianship can be made on an emergency basis. This can happen for:
- an adult's financial affairs; and
- a maximum of 180 days.
The Yukon Supreme Court will only grant a temporary guardianship order in urgent circumstances if:
- the applicant has reason to believe that the adult is incapable of managing all or part of their financial affairs;
- a delay would not be in the best interests of the adult.
Before you apply
To apply for temporary guardianship of an adult, a trained assessor must:
- find the adult incapable;
- complete an Incapability Assessment Report (Form 6);
- provide the court with a copy of their curriculum vitae (CV); and
- must follow guidelines for conducting assessments.
How to apply
You have 2 options to apply for temporary guardianship.
Prepare the application yourself
Use this guide to assist you in making an application for guardianship on your own. We recommend that you consult a lawyer.
Hire a lawyer to prepare the application on your behalf
If you need a lawyer, contact Legal Aid or the Yukon Law Society. They'll provide you with names of lawyers in your community who specialize in this area of practice.
Which form you'll need
You'll need forms 3T, 4T and 5T. Fill out the forms on your computer then print them out for filing in court. Save copies of these forms in case the court requires you to make changes.
The Public Guardian and Trustee and private guardians can charge fees for the services provided.
Submit your application
- Download forms:
- Complete the forms.
- Get a hearing date and time by contacting the trial coordinator in Whitehorse. Phone 867-667-3442 (toll-free 1-800-661-0408, extension 3442).
- File your application with the Supreme Court of Yukon. Take all your original documents and copies to the court registry in Whitehorse.
- At least 7 days prior to the hearing, serve the documents yourself or arrange to serve a copy of the filed Temporary Guardianship Application. Find out who can be served.
- Complete and swear an Affidavit of Service.File the affidavit and supporting documents with the Supreme Court before the hearing date.
- #1 What a guardian should consider when making decisions
- #2 How does a guardian decide where the adult lives?
- #3 How does a guardian decide about the adult's living and social companions?
- #4 How does a guardian decide whether an adult should work?
- #5 How does a guardian decide about training?
- #6 How does a guardian decide about licences and permits?
- #7 How does a guardian deal with legal issues?
- #8 How does a guardian make care decisions?
- #9 How does a guardian make day-to-day decisions?
- #10 How does a guardian decide about social activities?
- # 11 How does a guardian make financial decisions?