Navigating the world of guardianship and mental capacity can be overwhelming, but don’t worry! We’re here to break it down for you in simple terms. Whether you’re looking out for a loved one or just curious about the process, this guide will help you understand the basics.
What Is Mental Capacity?
Mental capacity refers to a person’s ability to make decisions for themselves. It can change over time—someone may be capable today but not tomorrow. Plus, a person might be able to make decisions in some areas, like their health, but not in others, like their finances. Every situation is different, and that’s why capacity assessments are so important. They’re regulated by provincial law.
What Is a Power of Attorney?
A Power of Attorney (POA) is a legal document that lets you give your right to make decisions to somebody else who you choose to make those decision for you if you can’t. There are two main types:
- Property: Managing finances, paying bills, handling investments, etc.
- Personal Care: Making decisions about health care, housing, meals, hygiene, and more.
If someone can’t sign a POA, guardianship may be the next step.
When Is Guardianship Needed?
Guardianship is often a last resort when someone can’t make decisions and hasn’t appointed a POA. The Office of the Public Guardian and Trustee (OPGT) gets involved to ensure everything is done properly. Family members are usually considered first as potential guardians.
What Does a Guardian Do?
A guardian steps into the shoes of the person they’re caring for. They handle finances, manage property, and ensure the person’s well-being. They can do almost anything except write or change a will. A guardian is usually compensated for their work. The guardian’s work and the trustee’s payments to the guardian are reviewed from time to time by the court, to ensure all is going as it should.
How Do You Request a Capacity Assessment?
You can contact a qualified capacity assessor directly. They could be a doctor, nurse, psychologist, social worker, or occupational therapist. Assessors check if someone can manage their own affairs or needs help.
Guardianship and Family Law
Even if someone is found incapable, it doesn’t mean they’re incapable of being a parent. Family law considers many factors, and major decisions about children are handled through specific legal processes.
Worried About Someone?
If someone is in immediate danger, call 911 or go to the nearest emergency department. For non-urgent situations, you can contact local community services, request a capacity assessment, or reach out to the OPGT.
Need More Info?
Visit Ontario211 for community services or check out the OPGT for detailed guidance. Remember, help is available, and you’re not alone in this journey.
The above-noted content is not intended to be legal advice and should not be taken as such. Professional legal advice should be sought to address specific events and situations.
