Overview

Guardianship is a legal form of substitute decision-making granted by the NWT Supreme Court when an adult lacks the cognitive capacity to make personal or health care decisions. This page explains when guardianship may be needed and how to start a guardianship referral with the Office of the Public Guardian.

Understand when guardianship may be needed

Guardianship may be considered when an adult:

• Is 18 years of age or older and an NWT resident
• Cannot understand or use the information needed to make personal or health care decisions
• Would substantially benefit from having a legal decision maker.
• Has no less‑restrictive options that would meet their needs.

Guardianship should only be used as a last option. Other supports and tools should be considered first.

Consider less‑restrictive options first

Before guardianship is considered, the Office of the Public Guardian will explore:

• How the adult currently makes decisions.
• What supports they use or could use.
• Whether a personal directive names a decision maker.

If there are other options that can keep the adult safe and supported, guardianship may not be needed.

Know what guardians can and cannot do

A guardian can only make decisions in the areas listed in the Court order. These may include:

• Health care.
• Where the adult lives and with whom they live.
• Day‑to‑day living decisions.
• Participation in social, educational, or recreational activities.
• Legal proceedings.

Guardians do not make decisions about money or finances. A trustee is responsible for financial and estate decisions.

Starting a guardianship referral

Contact the Office of the Public Guardian

Anyone can call the Office of the Public Guardian (OPG) to ask questions about guardianship or request a guardianship referral package.

Office of the Public Guardian

Phone: 867‑767‑9155 ext. 49460

Office of the Public Guardian staff will:

• Listen to your concerns.
• Explain how guardianship works.
• Help you decide if guardianship may be appropriate.
• Tell you what information is needed for a referral.
• Start the guardianship process

See who can make a referral

A referral can be made by anyone who is concerned about the adult’s wellbeing. In most cases, referrals are submitted by a family member, close friend, or a community professional such as a nurse, social worker, teacher, or case manager.

If you are not sure whether you should make a referral, you can call the Office of the Public Guardian for guidance.

Learn what happens after you request a referral

See how Office of the Public Guardian reviews your information

After the Office of the Public Guardian receives the referral package, Office of the Public Guardian staff will:

1. Open a file for the adult.
2. Review the information to see whether guardianship may be needed.
3. Contact you if information is missing.
4. Contact you if the adult does not appear to be eligible based on the information provided.

Understand capacity assessments

A guardianship referral does not automatically lead to a capacity assessment.

Capacity assessments:

• Are invasive and disruptive for the adult.
• Only proceed when there is medical evidence to support the need.
• Are completed by qualified health professionals.

If a capacity assessment is needed, the assessor will meet with the adult, gather information, and prepare a report that will be used by the Court when it considers guardianship.

Understand how the Court makes a guardianship decision

Only the Court can appoint a guardian. The judge reviews the evidence in the application, which includes information from the Office of the Public Guardian, the capacity assessment, and any other psychological or medical reports. Based on this information, the Judge decides whether to grant a guardianship order.

The Court will decide:

• Whether the adult meets the legislative requirements for guardianship.
• Whether guardianship is in the adult’s best interests and is the least‑restrictive option.
• What decisions the guardian will be responsible for.
• Who will be appointed as guardian and alternate guardian if applicable.

The Judge sets a review deadline in the order, which is the date when the matter must return to Court.

Prepare for a guardianship review

A guardianship review is required to happen at or before the deadline set in the Court order. Reviewing an order involves collecting information, like the first referral, to support the Courts decision for continued guardianship. The application with updated and or new information is made to court seeking the following:

• Continue the guardianship order.
• Request a change in the order.
• End the order if guardianship is no longer needed.

You can either work with the Office of the Public Guardian or your own lawyer prepare for a guardianship review.

Learn about trusteeship for financial decisions

Trusteeship is a separate legal process for financial decision making. A trustee may make decisions about the adult’s:

• Money and income.
• Property and belongings.
• Estate.

For information about trusteeship, contact:

Public Trustee Office
Phone: 867‑767‑9252 ext. 82447
Website: https://www.justice.gov.nt.ca/en/boards-agencies/public-trustee-office/

If you still need help

Contact the Office of the Public Guardian for support at any stage.

Phone: 867‑767‑9155 ext. 49460