The Court can appoint a guardian for individuals who are mentally incapable of managing property or personal care (health care, nutrition, shelter, clothing, hygiene or safety).
The legislation provides for a strict court application process that must be followed and careful consideration must be given to the duties of a guardian. We provide our clients with all the information necessary to determine whether a guardianship application is appropriate in the circumstances and focus on the best interests of the incapable person.
Health practitioners have a legal and ethical duty to obtain informed consent from a patient before providing treatment. If the health care practitioner is of the opinion that the patient is not mentally capable of consenting to the treatment, then he or she must turn to the patient’s substitute decision-maker (SDM). The patient’s SDM has the authority to give or refuse consent on his or her behalf.
The Health Care Consent Act sets out a hierarchy of persons who will automatically be your SDM for treatment decisions if you become mentally incapable. Your SDM will be the highest-ranking person(s) on the hierarchy.
We understand that a finding of incapacity can have serious implications for the individual. Often, people who lack capacity are vulnerable and at risk of mistreatment.
We provide advice and representation in disputes between:
- Multiple SDMs
- The patient and his or her SDM(s)
- The patient and the health care practitioner
We know that the role of SDM is demanding and the legislative scheme governing mental capacity in Ontario is complex. We can walk you through your rights and obligations.
We offer representation to individuals before the Consent and Capacity Board.
Ready to find out more?
Contact us for more information about our services and to discuss your claim.