ELDER LAW TOWNHALL SERIES - EMPOWERING OLDER ADULTS THROUGH KNOWLEDGE

2 of the Substitute Decisions Act) © Advocacy Centre for the Elderly Toronto, Canada 7 WHAT DOES IT MEAN TO BE MENTALLY CAPABLE? To be mentally capable means that you have both: • the ability to understand information relevant to making the decision; and • the ability to appreciate the consequences of making a decision or not making a decision © Advocacy Centre for the Elderly Toronto, Canada 8 WH. [...] © Advocacy Centre for the Elderly Toronto, Canada 13 CAPACITY TO GIVE OR REVOKE A POWER OF ATTORNEY FOR PERSONAL CARE • Two-part test: • Ability to understand whether the proposed attorney has a genuine concern for the person’s welfare; and • Appreciates that the person may need to have the proposed attorney make decisions for the person • A person who is incapable of personal care decisions can s. [...] © Advocacy Centre for the Elderly Toronto, Canada 19 HOW DOES THE POA FOR PERSONAL CARE COME INTO EFFECT? • Does the Health Care Consent Act (HCCA) apply to the decision? • The HCCA deals with three types of decisions: • Consent to treatment (health practitioner) • Consent to long-term care home admission (evaluator) • Consent to receipt of personal assistive services (evaluator) • Must be a findi. [...] serious illness or injury, deprivation of liberty or personal security) • If, as a result of the investigation, the PGT has reasonable grounds to believe that a person is incapable of personal care and that the prompt appointment of a temporary guardian of the person is required to prevent serious adverse effects, the PGT shall apply to the court for an order appointing him or her as the incapable. [...] 62 Substitute Decisions Act) © Advocacy Centre for the Elderly Toronto, Canada 24 DUTIES OF GUARDIANS OF THE PERSON AND ATTORNEYS FOR PERSONAL CARE • The powers and duties shall be exercised and performed diligently and in good faith • The guardian shall explain to the incapable person what the guardian’s powers and duties are.