Health and
Social Services

Guardianship

The Department of Health and Social Services (HSS) offers guardianship services to help protect adult Nunavummiut who cannot take care of themselves because of a mental or physical disability.

Nunavut’s Guardianship and Trusteeship Act allows the Nunavut Court of Justice to choose a person to make decisions for a dependent adult who cannot make decisions for him or herself. The person named as the guardian can be either the Public Guardian for Nunavut, or a close friend or family member of the dependent adult.

A Guardianship Order outlines the needs of the dependent adult and the decision-making power of the guardian chosen to take care of them. The guardian can decide where the person who needs help will live and can make other decisions for the dependent person as outlined in the Guardianship Order.

Guardianship clients often live in residential care facilities where their needs are met on a day to day basis.

Appointing a Guardian

Anyone can refer a person to the guardianship program. If you believe someone you know cannot take care of themselves and needs someone to watch over them, you can contact the Office of the Public Guardian to talk about your concerns. A doctor or other medical professional will decide whether the dependent adult needs a guardian’s help making daily decisions.

If a dependent adult needs a guardian to make decisions for them, the Office of the Public Guardian will determine if there is a suitable person who can be appointed as a private guardian. If a friend or family member applies to be a private guardian, the Office of the Public Guardian will make sure the person applying has met the criteria as defined in Section 2(5) of the Guardianship and Trusteeship Act.

People applying to be a private guardian will need to:

  • Submit a current Criminal Record Check to the Office of the Public Guardian
  • Fill out a Guardian Consent form
  • Make a Statutory Declaration about their relationship with the dependent adult for the year prior to making the application to be the person’s guardian

The Public Guardian will make recommendations to the court regarding whether the dependent adult’s needs would be best met through the assignment of a private or Public Guardian. Once a guardian has been chosen, the Nunavut Court of Justice will hold a court hearing to discuss guardianship options. People applying to be private guardians may be asked to join the court hearing by telephone.

At the hearing, a judge will sign a Guardianship Order that will name the guardian, state the length of the Order, and give a date for the Order to be reviewed in court. The Order will also list the specific authorities of the guardian, and the responsibilities that the guardian must fulfill.

If a private guardian has been assigned, the Office of the Public Guardian will make sure that the guardian is fulfilling the responsibilities listed in the order. If responsibilities are not fulfilled by a private guardian, another guardian may be appointed by the court.

Role of a Guardian

A guardian is expected to assist the dependent adult to make decisions in areas such as:

  • Finances (in some cases)
  • Health care
  • Legal matters
  • Nutrition
  • Shelter

Responsibilities of a Guardian

A guardian is expected to fulfill certain responsibilities:

  • To help HSS, doctors, and service providers plan and carry out treatment for the person under guardianship.
  • To contact the person under guardianship by telephone, letter, video conference, or in person on a regular basis.
  • To make sure that the needs of the person under guardianship are being met.
  • To make sure decisions made for the person under guardianship are in their best interest.

Authorities of a Guardian

Authorities are decisions a guardian can make for a person under guardianship. The Nunavut Court of Justice may allow the guardian to:

  • Consent to having the person restrained or confined (i.e. involuntary hospital admission)
  • Consent to health care treatment or interventions on behalf of the person
  • Consent to the person losing their parental rights
  • Consent to using or withdrawing life support systems on the person
  • Deal with divorce proceedings on behalf of the person
  • Deal with legal matters not related to the estate of the person
  • Decide about the person applying for licenses, permits or approval
  • Decide where the person will live
  • Decide who the person can have a relationship with
  • Decide who the person should live with
  • Make decisions about the person going to school or work training
  • Make decisions about the person’s employment
  • Make decisions about the person’s social activities
  • Make normal day-to-day decisions for the person, including dress and diet
  • Make or withdraw a direction on behalf of the person under the Human Tissue Act

The Nunavut Court of Justice may allow other authorities if they are needed and will benefit the person under guardianship.

Contact Information

If you have any questions about guardianship, please contact the Public Guardian at the address below:

Office of the Public Guardian
Department of Health and Social Services
Government of Nunavut
Box 1000, Stn. 1000
Iqaluit, Nunavut
X0A 0H0
Phone: (867) 975-5750
Fax: (867) 975-5722