A substitute decision-maker (SDM for short) in Ontario is a person who is legally authorized to make decisions for a person who is mentally incapable of making the decision for themselves. Because decisions by an SDM limit individual autonomy, there are various laws, rules and procedures that apply to SDMs and their decisions.
What is a substitute decision-maker?
What is a substitute decision-maker? Because critically ill patients are often unable to speak for themselves, we need to identify a Substitute Decision Maker. The selection of a Substitute Decision Maker is guided by the Health Care Consent Act. A Substitute Decision Maker is appointed according to the following heirarchy:
Who can be a substitute decision-maker under the cyfsa?
If an individual of any age is not capable of consenting, the CYFSA sets out who can be their substitute decision-maker for Part X. 72 These persons, ranked in order, are the incapable individual’s: substitute decision-maker under the Health Care Consent Act, for specified purposes 73 guardian of the person or property
Who is the substitute decision-maker of last resort?
The PGT is also the SDM or substitute decision-maker of last resort for incapable individuals under the Health Care Consent Act, 1996, including treatment by regulated health professionals and admission to long-term care among other things.
Who is a substitute decision-maker under the health care Consent Act?
substitute decision-maker under the Health Care Consent Act, for specified purposes 73 representative appointed by the Consent and Capacity Board 74 parent (not including access parent), or a children’s aid society or other person who is lawfully entitled to consent in the place of the parent 75
What is a substitute decision-maker?
Your substitute decision maker is someone who will make health care decisions for you if you're unable to speak for yourself. Learn what's involved in choosing a substitute decision maker and the importance of talking to others who are important to you as part of your Advance Care Plan.
Is Power of Attorney the same as substitute decision-maker?
Similar to a Power of Attorney or Committeeship a substitute decision maker 'stands in the shoes' of the vulnerable person to manage that person's assets as if that person was capable of managing those assets independently. Substitute decision makers may do whatever is needed to act on the power granted to them.
Who can make medical decisions for me in Ontario?
Any person 16 years of age or more who has capacity to make a health care decision can make a directive. SDMs must be age of majority unless they are a spouse, who then has capacity to make health care decisions. The age of majority is 18 years. There is no stipulated age of consent for treatment.
What factors must a substitute decision-maker consider?
When making decisions, substitute decision-makers must generally think about what decision the person would have made and what would be in the person's best interests. A decision made by a substitute decision-maker about health care or medical treatment must generally be followed by a health professional.
Who appoints a substitute decision maker?
The SDM may be a spouse, partner, companion, family member or trusted friend. When a loved one has picked a Substitute Decision- Maker he or she needs to sign a legal document called the Power of Attorney for Personal Care naming the SDM.
Who can make decisions for someone who lacks capacity?
When a patient lacks decision-making capacity, the physician has an ethical responsibility to: Identify an appropriate surrogate to make decisions on the patient's behalf: The person the patient designated as surrogate through a durable power of attorney for health care or other mechanism.
Who makes medical decisions if there is no power of attorney Canada?
Your spouse or partner. Your parent, or your child if they are at least 16 years of age. Your brother or sister. Any other relative.
Can next of kin give consent?
No. The term next of kin is in common use but a next of kin has no legal powers, rights or responsibilities. In particular, they cannot give consent for providing or withholding any treatment or care.
What is it called when someone makes medical decisions for you?
Surrogate: a designated individual legally empowered to make decisions related to the health care of an individual (the “declarant”) in the event that he or she is unable to do so; also known as agent and proxy.
What is the standard of substituted judgment?
Substituted judgment is often invoked as a guide for decision making when a patient lacks decision making capacity and has no advance directive. Using substituted judgment, doctors and family members try to make the decision that the patient would have made if he or she were able to make decisions.
What is the difference between supported and substitute decision-making?
Supported decision-making involves a person supporting another person, such as an adult with a cognitive impairment, to make their own decisions. This differs from substitute decision-making, where a decision is made for the person by a substitute decision-maker.
What is it called when you make decisions for someone else?
There may be times when you are called upon to make medical decisions for someone else. When you are making decisions for a person who is not able to make decisions for themselves, you are acting as a surrogate decision-maker.
Who makes medical decisions if you are incapacitated Canada?
If you are incapable of making a health care decision, your substitute decision maker is responsible for making a decision on your behalf. Depending on where you live in Canada, this person can also be called a: medical proxy. health representative or agent.
What happens if someone doesn't have a power of attorney in Ontario?
If you become unable to make decisions about your property or finances and you do not have a Power of Attorney for Property, someone must apply to a court for permission to be your representative or a guardian will be appointed by either the Ontario government's Office of the Public Guardian and Trustee, or by the ...
Is there a medical power of attorney in Canada?
A Power of Attorney for Personal Care (POAPC) is a legal document in which an individual (known as the “grantor”) appoints another individual (known as the “attorney”) to make decisions about their health care, housing and other aspects of personal life should the grantor become mentally incapable of making these ...
Who makes decisions if no power of attorney?
If you have not given someone authority to make decisions under a power of attorney, then decisions about your health, care and living arrangements will be made by your care professional, the doctor or social worker who is in charge of your treatment or care.
Who can be a substitute decision maker?
A substitute decision-maker may be a family member, non-family members are exceptionally rare. The Office of the Public Guardian and Trustee may also be appointed to this role.
What is the purpose of the substitute decision act?
It establishes the legal criteria determining when a person has the ability to make decisions that are fundamental to his/her well-being. The ability to make these types of decisions is termed capacity and the decisions are termed consent. Capacity establishes the legal right to consent to or refuse medical treatment, choose housing arrangements and manage one's money. However, there are different tests for capacity that vary according to the type of decisions that must be made. In some instances, capacity will exist for people who do not have full capacity in the common sense understanding of the concept.
Where can I find the reasons for decisions of the Consent and Capacity Board?
Public versions of the reasons for decisions of the Consent and Capacity Board are published through CanLII and available in a searchable format on the CanLII website, but only the signed original in the Board file serves as the official version of the reasons for decisions.
Who oversees the capacity assessment office in Ontario?
In Ontario, the Office of the Ministry of the Attorney General oversees the Capacity Assessment Office. The Capacity Assessment Office ensures that only licensed Capacity Assessors are allowed to conduct capacity assessments and can assist members of the public in finding Capacity Assessors.
Can a person with limited cognitive ability make decisions?
In other words, an assessment should always be comprehensive enough to understand a person's ability to make decisions for him/herself, but the decision may require only limited capacity. In this case, it can occur that a person who does not have full cognitive ability can still have capacity to make important decisions.
Can a person refuse a capacity assessment?
There are limits to a person's right to refuse an assessment. A Court may order an assessment of a person's capacity against their will if it determines that there are reasonable grounds to suspect that the person does not have capacity.
Does the Capacity Assessment Office make referrals?
The Capacity Assessment Office does not make specific referrals, but they will provide the names of several Assessors based on a client's needs and location. Assessments aim to answer the question of whether a person has capacity in keeping with the legislation.
