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Consent and Substitute Consent

Part 1 of the Care Consent Act deals with consent and substitute consent. A person of any age who is capable of understanding and appreciating the consequences of their care decision has the right to give or refuse consent to care on any grounds. This includes the right to give or refuse consent to care based on religious beliefs. Consent is required for all care decisions except emergency health care, preliminary examination and health care in progress.

In an emergency, if the care provider knows that you do not want certain treatments, they are obligated to respect those wishes. Outside of an emergency, if you are not mentally capable to consent to your own health care decision (e.g. you are unconscious), the care provider will turn to a list of substitute decision-makers. From this list, a relative or friend can be chosen to make the decision for you.

Part 4 of the Care Consent Act includes temporary financial protection for people who are incapable of making a care decision and also not able to manage their financial affairs. For example, you may be in a car accident, suffer a head injury and suddenly be unable to pay your bills. The bank may not allow other people to access your bank account. In this situation, a certificate can be issued and sent to the Public Guardian and Trustee (Yukon Justice). The Public Guardian and Trustee can then look after your finances for up to 60 days.

Consent and Substitute Consent