NOTE : Applies to Ontario only.
Excerpts:
Part I: Consent to Treatment
No treatment unless:
a. Health Practitioner (HP) of opinion person CAPABLE in respect to treatment and person has consented, or
b. HP of opinion that person INCAPABLE in respect to treatment and SDM gives consent.
c. if Consent and Capacity Board or court finds person capable although HP was of opinion person not capable, HP shall not treat and shall ensure treeatment not administered unless person gives consent
Part II: Decisional mental capacity and capacity assessment
Legal Definition of Capacity in Respect to Treatment, Admission to Care Facilities, and Personal Assistance Services
1. Able to understand the information that is relevant to making a decision about the treatment, admission, or personal assistance service as the case may be, and
2. Able to appreciate the reasonably foreseeable consequences of a decision or lack of decision