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Overview. Ontario law assumes that adults are capable of making decisions until it is proven they are not capable. A person is incapable of making a decision if they do not understand the information relevant to the decision or don’t understand the consequences of making or not making it, or both.
When situations causing serious illness or diminished mental abilities arise for any individual (whether a senior or not), that person’s capacity to make decisions may be reduced. The law recognizes that someone else may need to step in and make decisions.
- What Does The Term “Capacity” Mean When It Comes to Decision-Making?
- What Is The Difference Between Incapacity and Incompetence?
- How Is Capacity determined?
- How Do Alzheimer’s Disease and Other Forms of Dementia Affect Capacity?
- Is Neuropsychological Testing Required to Assess Capacity?
- Resources & References to Help You Understand Capacity
Let’s say you tell me that your 87-year old aunt Mary has been falling repeatedly, but she refuses to go see a doctor. In this case, we might consider whether she has the capacity to decide whether or not she needs to see the doctor. It’s especially vital to do this if Mary has been showing signs of memory or thinking problems, or if she’s been dia...
Capacity is often considered from a clinical perspective (i.e. by doctors, psychologists, and others) versus a legal perspective (i.e. by lawyers, judges, and courts). Historically, the term “competence” was used in legal settings and the term “capacity” was used in clinical settings. The legal determination of competence related to whether a perso...
In most situations, we presume that adults have capacity. If concerns about capacity are raised by others, or if a professional notices anything to cause concern about capacity, then a process of further assessing capacity may be started. Legal professionals are generally required (by state laws and by their professional code of conduct) to conduct...
Any disease or disorder that disrupts cognition — the brain’s memory and thinking processes — can impair a person’s decision-making capacity. In early Alzheimer’s and dementia, people usually retain the capacity to make many types of decisions, but not necessarily all of them. It all depends on the decision in question, and also on which thinking p...
Not necessarily. Clinicians are usually allowed to use “clinical judgment” in conducting their evaluations and reaching their conclusions. Especially if a person has a dementia that is at a moderate or severe stage, it is often possible for a generalist physician to provide evidence of a lack of capacity, simply by interviewing the person, document...
Written for the lay public: 1. Legal Planning(Alzheimer’s Association) 2. Assisting a Person with Dementia in Planning for the Future(Alzheimer’s Association) 3. Driving and Dementia (Alzheimer’s Association) Written for professionals: 1. Assessment of Capacity in Older Adults (American Bar Association/American Psychological Association) 1.1. Inclu...
Kinds of Substitute Decision-Making. Generally speaking, there are two different kinds of decisions which may need to be made on behalf of a mentally incapable person: Decisions about the person’s property (finances); Decisions about the person’s personal care (health care, shelter, safety, nutrition, hygiene, and clothing).
Causes of incapacity. “Incapacity” means you’re unable to care for yourself or your affairs. It’s important not to confuse incapacity with physical health problems. You can have a physical health problem and still be fully capable of making your own decisions.
Sep 9, 2016 · Families often watch their parent decline not knowing how to help. What are families to do when doctors are unwilling to declare an elderly person incapability of making there own medical decisions? Even if they are declared incompetent, can they really force someone to bathe or take medications.
Being mentally incapable means that the person cannot understand: the information needed to make a decision, or. what could happen because of decisions they make about treatment or personal care. A person might not be mentally capable because they're sick or weak, and not able to think clearly.
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