Decision-Making, Support and Protection for Adults Now In Place
For Release #05-120
Tuesday, May 3, 2005
WHITEHORSE -- New legislation to assist decision making for individuals who have difficulty because of some mental incapability took effect Monday, May 2. The Decision Making, Support and Protection to Adults Act focuses on the areas of health care, personal care and financial and property decisions.
Under the Decision Making, Support and Protection to Adults Act, tools are now in place to assist people who have difficulty making decisions because of some degree of mental incapability. It affects people with intellectual disabilities, people with brain injuries, individuals with dementia and other degenerative diseases, and people with mental illnesses.
The legislation is made up of three separate but interrelated pieces of legislation -- the Adult Protection and Decision-Making Act, the Care Consent Act and the Public Guardian and Trustee Act. Part of the Adult Protection and Decision-Making Act dealing with adult protection will come into force on September 1, 2005 to allow more time for policy development and staff training.
"We are very proud of this legislation," Health and Social Services Minister Peter Jenkins said. "It's all about supporting individuals and families who need assistance. The Yukon might be the last jurisdiction in Canada to introduce guardianship legislation, but this has allowed us time to review the national trends, look carefully at what other jurisdictions have done and build a set of protective measures that suit the Yukon and its people."
The minister said the Yukon act recognizes the differing capabilities of individuals. Some people, he said, may be able to make decisions if they have sufficient support while others may only need temporary assistance.
Health and Social Services and Justice share the responsibility for the legislation. Justice Minister John Edzerza was pleased the legislation is now in place to enhance services available to Yukoners.
"In Justice, the office of the public guardian and trustee will continue the work of the current public administrator and assist people who require support to manage their financial affairs. The office can also become a guardian for dependent adults with no family or friends who can provide them that support," said Edzerza.
Consequential amendments have been made to a number of existing acts to harmonize provisions with the new legislation. This includes changes to the Mental Health Act. The Capability and Consent Board will review matters under both the Mental Health Act and the Care Consent Act. The Capability and Consent Board replaces the mental health review board.
Public information sessions on the new legislation will be held at the Whitehorse Public Library on May 11 from 1 - 3 p.m., May 19 from 10:30 a.m. - 12:30 and May 26 from 7 - 9 p.m.
More information is available from this web site and www.yukoncapabilityandconsentboard.ca.
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