Public Guardian and Trustee Yukon: When the PGT Steps In and What It Costs

What the PGT Does

The Public Guardian and Trustee (PGT) is the Yukon government office that acts as the safety net when no one else can or will manage a vulnerable adult's financial affairs or administer a deceased person's estate. Based in Whitehorse, the PGT fills several roles:

• Guardian of last resort for adults who have lost mental capacity and have no family member willing or available to apply for guardianship
• Temporary financial protector through 60-day emergency certificates when a person suddenly loses the ability to manage their finances
• Estate administrator when someone dies without a will and no family comes forward to handle the estate
• Oversight authority with the power to audit the accounts of private guardians and investigate reports of financial abuse against vulnerable adults

The PGT is not a first-choice option. It's an institutional backstop — professional, procedurally correct, but inherently impersonal. For families who have the ability to plan ahead, an enduring power of attorney (EPA) keeps decision-making within the family and avoids PGT involvement entirely.

Emergency 60-Day Financial Protection

The PGT's most time-sensitive role is emergency financial protection under Section 61 of the Care Consent Act. Here's how it works:

When an adult suddenly loses the ability to manage their financial affairs — a stroke, a serious accident, acute psychosis — and no EPA exists, their bills still need paying. Rent, mortgage payments, utility bills, insurance premiums — these don't pause for a capacity crisis.

A healthcare provider can complete a Certificate of Need for Financial Protection (Form 2) and submit it directly to the PGT. The PGT then assumes temporary statutory authority over the adult's finances for up to 60 days. During that window, the PGT can:

• Access the adult's bank accounts to pay essential bills
• Protect assets from deterioration or loss
• Manage routine financial obligations

The 60-day window is a bridge, not a solution. It's designed to give the family time to apply for guardianship through the Supreme Court of Yukon or, if there's a chance the adult may regain capacity, to execute an EPA during a lucid interval.

If the 60 days expire without a guardianship order in place, the PGT's temporary authority ends. The family is back to square one — bills unpaid, accounts frozen, and no legal authority to act.

PGT as Guardian

When the PGT is appointed as guardian — either because no family member applied, or because the court determined that no family member was suitable — the office manages the adult's affairs according to strict statutory obligations. The PGT:

• Opens dedicated fiduciary accounts in the adult's name
• Pays bills, manages investments, and handles tax filings
• Reports to the court on the administration of the estate
• Acts conservatively, prioritizing asset preservation over growth

The PGT's approach is institutional by design. It won't make the same judgment calls a family member might — selling a cabin the family has sentimental attachment to, or spending down savings to improve the adult's quality of life in ways that aren't strictly necessary. The PGT follows the statute and the court order, and its decisions are driven by fiduciary duty rather than personal knowledge of the adult's preferences.

What It Costs

PGT fees are set by regulation and come out of the adult's own estate:

Private guardian fees (under OIC 2005/78, when the court appoints a family member or professional):

• 2.5% of money received
• 2.5% of money disbursed
• 0.5% annually for ongoing management of assets

PGT fees (under OIC 2005/83, when the PGT serves as guardian):

• Minimum administrative fee of $1,500 for estate administration
• 2.5% on all capital receipts and disbursements
• Additional fees for complex administration

For estates of modest size — which describes many Yukon seniors living on fixed retirement income — PGT fees can consume a meaningful percentage of the estate's total value. A $60,000 estate that generates $20,000 in annual receipts and disbursements would pay $1,000 per year in percentage-based fees, plus the $1,500 minimum administrative charge.

How to Avoid PGT Involvement

The PGT exists precisely because not everyone plans ahead. But if you have the opportunity to plan, an EPA eliminates the need for PGT intervention entirely:

• An EPA costs nothing to execute (if using the lay-witness option) or a few hundred dollars (if using a lawyer). Guardianship — whether private or through the PGT — costs thousands.
• An EPA keeps control within the family. You choose your attorney. The PGT is assigned by the court.
• An EPA is private. No court application, no public file, no ongoing reporting requirements. Guardianship is a court-supervised process on the public record.
• An EPA is immediate. Once executed, it's ready to use. Guardianship takes weeks to months — during which time bills go unpaid and assets are at risk.

For Yukon families, the strongest motivation to create an EPA is often the cost comparison. The time and expense of a guardianship application — let alone ongoing PGT fees — far exceeds the effort of executing an EPA while everyone is healthy and capable.

The Yukon Power of Attorney Kit helps you create a valid EPA under the current territorial framework, avoiding the need for PGT involvement or court-ordered guardianship.

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