Looking out for others

NNSL (June 30/97) - Residents of the territories will soon have the legal means to help those who are incapable of making their own decisions. The Guardianship and Trusteeship Act comes into effect Tuesday.

"The main thrust of it is to ensure the personal and financial well-being of people who are unable to make their own decisions is protected," said public trustee Larry Pontus last week. "This act is a good start at helping those who need help get help."

Pontus and public guardian Ron MacLelland will administer the act, designed to help people such as Alzheimer's sufferers, the mentally handicapped and the victims of severe head injuries.

The act provides for the appointment of guardians (for decisions effecting personal affairs) and trustees (for financial matters) for people over the age of 18.

It also requires that people applying for guardianship or trusteeship must be told of their rights and obligations under the Act in their first language. Health centre staff will be used as interpreters when needed.

Pontus said 35 to 50 applications for guardianship are expected the first year.

The act will have no effect on any informal arrangements now in effect, said MacLelland. "Many members of communities are looking after extended family members," said MacLelland. "We're not going to interfere with that."

The process of having a guardian or trustee appointed begins with an application to the court.

To become a guardian, a person must prove they have had friendly, personal contact for at least a year with the person whose affairs they would be attending to. A doctor must also attest to the fact that a guardian is needed.