Patient & Caregiver Resources - Capacity Assessment

A capacity assessment is a determination by a capacity assessor, or the court, as to a person's ability to manage property, make personal care decisions, or to properly retain and instruct counsel.  In Ontario, a person who is 16 years of age or older is presumed to be capable of giving or refusing consent in connection with his or her personal care unless there are reasonable grounds to believe otherwise.*

A person is incapable of personal care if the person is not able to understand information that is relevant to making a decision concerning his or her own health care, nutrition, shelter, clothing, hygiene or safety, or is not able to appreciate the reasonably foreseeable consequences of a decision or lack of decision.*

• Information Sheets / Guides
• Advocacy Organizations
• Support Groups
• Other Links

Information Sheets / Guides

• Consent, Capacity and Substitute Decision-Making - The Basics - Click here
  Source: Advocacy Centre for the Elderly
• Guide to the Substitute Decisions Act - Click to download
  Source: Office of the Public Guardian and Trustee
• Substitute Decision-Makers for Health Care Matters - Click here
  Source: Advocacy Centre for the Elderly
• The Role of the Office of the Public Guardian and Trustee - Click to download
  Source: Office of the Public Guardian and Trustee
• Who Assesses Capacity Under What Circumstances? - Click here
  Source: Advocacy Centre for the Elderly

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Advocacy Organizations

• Advocacy Centre for the Elderly - Click here
• Community Legal Education Ontario - Click here
• Legal Aid Ontario - Click here

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Support Groups

• Community Legal Education Ontario - Community Legal Clinics in Ontario - Click here

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Other Links

• Consent and Capacity Board - Click here
• Ontario Seniors' Secretariat - Click here

*Source: Ontario Ministry of the Attorney General

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