Capacity Assesment

In Ontario, a capacity assessment is a formal evaluation of an individual’s mental ability to make decisions about their property and personal care. This assessment is conducted by a qualified assessor, following specific guidelines outlined in the Substitute Decisions Act, 1992. The goal is to determine if someone is capable of making these decisions or if intervention, such as a guardian, is needed. Key aspects of capacity assessments in Ontario:

Purpose: To determine if an individual can understand information relevant to a decision and appreciate the reasonably foreseeable consequences of their choices.

Who conducts it: Qualified assessors, who are often health practitioners like doctors, registered nurses, or social workers, designated by the Ontario Ministry of the Attorney General, Capacity Assessment Office. Who can request it:

Anyone can request an assessment, but if it involves the Public Guardian and Trustee (PGT) taking over, the requester must believe there’s no existing power of attorney for property.

When it’s used:

It’s crucial when there are concerns about an individual’s ability to manage their finances or personal care, especially when considering powers of attorney, wills, or when the PGT may need to intervene.

Refusal of assessment:

An assessment can’t be done if the individual refuses, unless it’s court-ordered, which then overrides their refusal. Cost: Capacity assessments are not covered by OHIP, and the individual requesting the assessment typically pays the assessor.

The four questions:

The assessment typically explores whether the person can understand relevant information, retain it, use it to make a decision, and communicate that decision.

Capacity Assessment Office:

This office trains and supports assessors, maintains a roster of qualified assessors, and provides financial assistance for those who can’t afford the assessment.

Please reach out to Charlotte directly for this, as she does this independently from us.

Email charlotte.alyson@outlook.com