Choosing a Substitute Decision Maker in Nunavut

Why Choosing the Right Person Matters More in Nunavut

In provinces with advance directive legislation, naming a healthcare proxy in your signed document is usually enough to give that person legal authority. Nunavut works differently. The territory has no statute recognizing proxy designations, so naming someone in your personal directive does not automatically grant them the power to consent to or refuse medical treatment on your behalf.

What it does is create strong evidence. If you lose capacity, your proposed guardian must apply to the Nunavut Court of Justice for a guardianship order under the Guardianship and Trusteeship Act. The court is required to give special consideration to who you named and what instructions you left. Choosing the right person — and documenting that choice properly — is the difference between a straightforward guardianship hearing and a contested one.

Legal Eligibility Requirements

Under the Guardianship and Trusteeship Act, a proposed guardian must:

• Be at least 18 years old. Nunavut's age of majority is 19 for most purposes, but the Act sets 18 as the threshold for guardianship eligibility.
• Be a resident of Nunavut. This matters in a territory where medical travel to southern provinces is routine — your guardian needs to be reachable and familiar with northern logistics.
• Have maintained friendly, personal contact with you within the past 12 months. The court wants evidence of an active relationship, not a distant relative who hasn't visited in years.
• Have no conflict of interest. Someone who stands to benefit financially from your medical decisions — a business partner who holds a joint account, for instance — may be challenged.
• Consent to act. Your proposed guardian must agree in writing before any court application.

Practical Considerations Beyond the Legal Checklist

Eligibility is the floor, not the ceiling. Think about:

Availability and mobility. Nunavut's fly-in communities mean your guardian may need to travel on short notice — by medevac escort, scheduled flight, or charter — to be at your side in Iqaluit, Ottawa, Winnipeg, or Edmonton. Someone who cannot leave their community quickly may struggle to advocate for you during an emergency.

Communication capacity. If you are an Inuktitut-speaking elder, a guardian who can communicate fluently with both your family and English-speaking hospital staff bridges a gap that saves time and reduces clinical misunderstandings. Many southern hospitals lack Inuktitut interpreters during off-hours.

Emotional resilience. Making end-of-life medical decisions for someone you love is one of the hardest things a person can do. Choose someone who can follow your documented wishes even when family members disagree, and who will not override your instructions with their own preferences under pressure.

Backup planning. Always name an alternate proposed guardian. If your primary choice becomes unavailable — illness, travel, or simply a change in your relationship — the alternate steps in without requiring a new directive.

How to Document Your Choice

In your personal directive, include:

• The full legal name, date of birth, and contact information for both your primary and alternate proposed guardians
• A signed consent clause where each guardian confirms their willingness to act
• A statement directing that your guardian follow the specific treatment instructions in the directive — this creates the legal obligation once the court issues the order

Both guardians should sign the directive alongside you and your independent witness. The signing must use physical, wet-ink signatures with everyone physically present. Remote witnessing and electronic signatures are not valid in Nunavut.

When No Suitable Person Is Available

If you have no family member or friend who meets the eligibility requirements and is willing to act, the Office of the Public Guardian of Nunavut can be named as a decision-maker of last resort. The Public Guardian is authorized under the Guardianship and Trusteeship Act to make personal and healthcare decisions for adults who lack capacity and have no private guardian.

This is a fallback, not a first choice. The Public Guardian makes decisions based on your documented wishes but cannot provide the personal advocacy that a close family member or friend brings to a bedside conversation. If you have anyone in your life who qualifies and is willing, name them.

Reviewing Your Choice Over Time

Relationships change. Review your proposed guardian selection at least every three years, or immediately after a significant life event — a move, a falling out, a new marriage, or a health diagnosis. To update, draft a new directive with a revocation clause, sign it with a witness, and distribute fresh copies to your health centre and proposed guardians. Destroy all copies of the outdated version.

The Nunavut Advance Directive & Living Will Kit includes guardian consent forms, eligibility checklists, and pre-drafted clauses that satisfy both common law requirements and the court's expectations for a guardianship application.

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