Compassionate Toronto Estate Lawyers Addressing Consent and Capacity Matters

Complex legal issues arise when individuals begin to show difficulties with decision-making capacity. Generally, a person will be deemed to have capacity if they can understand the information necessary to make a decision and are able to comprehend the consequences of that decision. Often, this capacity diminishes or disappears as people age, or if they develop a health condition or disability. This can affect a person’s ability to make decisions about important aspects of their life such as their health care or finances, and, legally, can require the appointment of a guardian for personal care or property, or someone with power of attorney.

Dealing with a loved one who is experiencing such challenges can be emotional and stressful and, in order to minimize risk for yourself and your loved one, requires legal advice from a lawyer with experience with these matters. The estate lawyers at Eisen Law in Toronto can provide you with the necessary advice and guidance to understand your legal obligations and ensure the best possible outcome for yourself and your loved one.

The Consent and Capacity Regime in Ontario

Ontario has a complicated legal regime which governs matters pertaining to consent, decision making, and mental capacity. Relevant legislation includes the Substitute Decisions Act, the Health Care Consent Act, the Mental Health Act¸ as well as the Human Rights Code – all dealing with specific aspects of decision making and consent.

The lawyers at Eisen Law assist in a number of important aspects of consent and capacity matters, including:

• Arranging for capacity assessments;
• Court orders declaring someone incapable;
• Applications for guardianship of property;
• Applications for guardianship for personal care;
• Advice to guardians for property;
• Advice to guardians for personal care;
• Advice to substitute decisions makers (those with power of attorney);
• General advice and guidance.

Contact the Toronto Estate Lawyers at Eisen Law for Assistance with Consent and Capacity Issues

At Eisen Law, our compassionate, empathetic, and forward-thinking estate lawyers will guide you through the ins and outs of ensuring your loved one is well cared for and their interests are protected. Call us at 416-591-9997 or contact us online: we offer free initial consultations, and will do our best to ensure you can easily access the legal advice that you need.