Consent, Capacity & Decision Making

My practice focuses on issues of consent, capacity and decision-making. This involves:

  • Representing individuals before the Superior Court of Justice to obtain, terminate or vary a Court-Appointed Guardianship
  • Representing “incapable” persons as section 3 counsel
  • Mediating relationships between persons with capacity issues and their guardians, attorneys or other substitute decision makers
  • Guiding persons who wish to become guardians or substitute decisions makers
  • Advising substitute decision makers to ensure they carry out their functions properly
  • Advising people who wish to provide for an incapable relative in their will

I represent persons with capacity issues before boards, tribunals and the courts to ensure that that their rights are protected and that any imposition on their decision making rights, such as the appointment of a Guardian, is done in a way that least restrict the individual’s autonomy.

(I will accept legal aid certificates to represent an “incapable” person seeking to terminate or vary a guardianship).

  

Substitute Decision Making / Guardianship

The rights of individuals with capacity issues can also be protected by working with Guardians and other substitute decision makers to ensure that they understand their obligations and the limitations of their powers.  When conflict arises between a guardian and an “incapable” individual, guardians need guidance to ensure they can deal effectively and fairly with the matter.

  

Legal Research / Opinion

Issues of consent and capacity also arise in  the context of numerous seemingly unrelated areas from family law to commercial tenancies to a variety of other profession fields. I can assist lawyers and other professionals with research memos/opinions on a range of legal issues related to issues of consent, capacity or guardianship – as they arise with the context of their work.

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Case Examples

The following are examples of advocacy on behalf of persons seeking to regain their power to make decisions.

CASE 1: D.K. v. Trilogy Long Term Care

CASE 2: Zheng v. Zheng and Zheng case comment

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Scholarly Paper

See, “Decisions, Decisions: Protecting the Rights of Persons with Disabilities Who are Subject to Guardianship,” for an overview of how Ontario’s laws related to guardianship can be improved to better protect the rights and human dignity of persons with capacity issues.

Click here to view this paper