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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.
Ontario’s Substitute Decisions Act is a law that governs what may happen when someone is not mentally able to make certain kinds of decisions. The Act covers financial and property management decisions, and decisions about personal care, which include health care, food, housing, and safety.
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).
- 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...
You can act now to guide the people who’ll be taking care of you later if you become incapacitated. Your preferences and your choices will then be taken into account. To have someone you trust look after your everyday personal care and your finances, you can make a protection mandate.
Jun 13, 2024 · The person deemed incompetent then receives a notice saying they have seven days to respond. There is no hearing or legal representation, and the final sign-off is by the chief...
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Jun 11, 2024 · If you become mentally incapable and have not already named someone to make decisions for you, the B.C. Supreme Court may appoint someone to make decisions on your behalf.
