Find out about applying for adult guardianship

What is adult guardianship

The Yukon Supreme Court may appoint a guardian for an adult who is not able to handle their own affairs.

Guardianship gives a person the legal authority to care for, assist and protect an adult who is 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; and
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, please review the information in the guides below:

Apply for long-term adult guardianship

Before you apply

To apply for long-term guardianship of an adult, a trained assessor must find the adult incapable and complete an Incapability Assessment Report (Form 6). The assessor must also provide the court with a copy of their curriculum vitae (CV). The assessor follows 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 designed 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 will provide you with names of lawyers in your community who specialize in this area of practice.

Which form do you need?

You will 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.

Apply for temporary guardianship

Urgent situation

An application for temporary guardianship can be made on an emergency basis. This can happen for:

an adult's financial affairs; and
for 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. The assessor completes an Incapability Assessment Report (Form 6). The assessor must also provide the court with a copy of their curriculum vitae (CV). The assessor follows guidelines for conducting assessments.