It establishes the legal criteria determining when a person has the ability to make decisions that are fundamental to his/her well-being.
Capacity establishes the legal right to consent to or refuse medical treatment, choose housing arrangements and manage one's money.
The Capacity Assessment Office does not make specific referrals, but they will provide the names of several Assessors based on a client's needs and location.
In this case, it can occur that a person who does not have full cognitive ability can still have capacity to make important decisions.
When a person has been found to be incapable the Office of the Public Guardian and Trustee[3] can be appointed to manage their property, which includes their money, real estate, investments, bank accounts, and vehicles.
A person who has been found incapable with respect to property management can appeal their finding before the Consent and Capacity Board.
Public versions of the reasons for decisions of the Consent and Capacity Board are published through CanLII and available in a searchable format[5] on the CanLII website, but only the signed original in the Board file serves as the official version of the reasons for decisions.
[9] In addition, if a person feels that their lawyer has acted in a way that has caused them harm, they can contact the Law Society of Ontario.
This conduct is most often associated with a professional who believes that his/her referral source will provide future business on the basis of receiving a predetermining finding.
It is also a concern on the part of many people found incapable, their family and patient advocates that careful attention is given to ensuring that treatments do not cause further incapacity.
A person who loses the right to make decisions on their behalf is exceptionally vulnerable to many types of exploitation.