When did substitute decisions come into effect in Ontario?
The Substitute Decisions Act, 1992 was enacted by the Ontario legislature in 1992 and came into effect on April 3, 1995. Subsequent amendments came into effect on March 29, 1996 at the same time that the earlier Consent to Treatment Act was repealed and replaced with the Health Care Consent Act, 1996.
What is the substitute decisions act?
What does it include? The Substitute Decisions Act (SDA) was passed unanimously by the Ontario Legislature in December 1992 after many years of study and public consultation. The law came into force on April 3, 1995.
What is a substitute decision-maker HCCA?
Substitute decision-maker: A person identified by the HCCA who may make a treatment decision for someone who is incapable of making his/her own decision. The HCCA provides a hierarchy to determine who is eligible to be a substitute decision- maker. The substitute decision-maker is usually a spouse, partner or relative.
When can a substitute decision-maker be replaced?
A substitute decision-maker can be replaced if they are found to be not meeting their obligations. Under the Act, incapacity can only be determined by a formal assessment. However, a person has the right to refuse to be assessed.
Who can be a substitute decision maker in Ontario?
Substitute decision-makers must be 16 years of age or older, available, willing, and capable.
What is statutory guardianship in Ontario?
incapable person may, for example, be appointed by the OPGT. This. type of appointment is called “statutory guardianship” because the. statute (law) allows the appointment to be made without a court order. The court may also appoint a guardian of property.
How is guardianship of person and property appointed?
A Collector appointed or declared by the Court to be guardian, of the person or property, or both, of a minor shall, in all matters connected with the guardianship of his ward, be subject to the control of the Provincial Government or of such authority as that Government, by notification in the official Gazette, ...
Who is the current Public guardian and Trustee Ontario?
Kenneth GoodmanWho or what is the Public Guardian and Trustee? The PGT is a person. As of the date of this post, the PGT is Kenneth Goodman. The Provincial government appoints the PGT who must be a lawyer called to the bar for 10-years or longer.
How do you get guardianship of a child that is not yours?
You must be granted physical and legal custody of a child that is not yours in order to obtain guardianship. To obtain guardianship of a child, you must obtain both physical and legal custody. Physical custody pertains to where the child lives.
How do I get legal guardianship in Canada?
Get a family orderGet a family order in Provincial Court if you both agree. When you fill out Application for a Family Law Matter Consent Order (Form 17), fill out Schedule 4, which tells the court you're applying to be a guardian.Get a family order in Provincial Court if you can't agree.
What does it mean to be a legal guardian of a child?
A legal guardian is a person that you nominate in your will to take over the care of your child in the event that you pass away.
How many guardians can a child have?
How Many Guardians Can My Child Have? Most parents prefer to appoint two people (usually a couple) as guardians for their child, however, you can choose up to four people. The more people you choose, the higher the likelihood of conflicts arising with regards to differences in opinion about the child's care.
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.
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 difference between capacity and incapacity?
Capacity and Incapacity. Capacity is presumed under the Act. This means that before a person's right to make decisions for him/herself is removed it must be proven that they do not have capacity. Incapacity is the term for a person who cannot make these decisions.
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.
Why is it important to give careful attention to treatment of incapacity?
It is also a concern on the part of many people found incapable, their family and patient advocates that careful attention is given to ensuring that treatments do not cause further incapacity. This concern has particular bearing for psychotropic medication and other treatments that affect the brain.
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.
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.
What is a capacity assessor?
capacity assessor conducts assessments of capacity on persons who need decisions made on their behalf on a continuing basis. NPs and RNs are eligible to become capacity assessors. Designation will require the successful completion of a capacity assessor education or training course approved or required by the attorney general.
What is the SDA in healthcare?
The SDA de als with decision-making about personal care or property on behalf of incapable persons. Whereas the HCCA is concerned with the capacity to make decisions in relation to specific treatment, admission to care facilities or personal assistance services, the SDA is concerned with persons who need decisions made on their behalf on a continuing basis. It involves the formal appointment of a decision-maker through a power of attorney document, through the Office of the Public Guardian and Trustee (PGT) or through a court appointment.
What is the purpose of the HCCA?
The goals of the HCCA include promoting individual authority and autonomy, facilitating communication between health care practitioners and their clients, and ensuring a significant role for family members when the client is incapable of consenting.
