Tag: Law Commission of Ontario

15 Mar

LCO Recommends Reform in Capacity and Guardianship Law

Suzana Popovic-Montag Capacity, Guardianship, Power of Attorney Tags: , , , 0 Comments

Last week, the Law Commission of Ontario (LCO) released its Final Report on Legal Capacity, Decision-making and Guardianship. The Final Report is the result of work conducted by a LCO Advisory Group since early 2013.

In the Final Report, the LCO outlines the strengths and attributes of Ontario’s capacity and guardianship regime, as well as areas of concern. Some key areas of concern the LCO identifies include:

  • The system is confusing and lacks coordination;
  • There is a lack of clarity and consistency in the law for capacity assessments;
  • Legal tools are not responsive enough for the range of needs of those directly affected;
  • Individuals, families, and service providers are not receiving enough support;
  • The current oversight and monitoring mechanisms for substitute decision makers are insufficient;
  • The dispute resolution mechanisms under the Substitute Decisions Act, 1992 (SDA) are inaccessible to many.

The Final Report includes recommendations for reforms to law, policy and practice. These recommendations relate to (1) improving access to the law, (2) promoting understanding of the law by those directly affected, (3) strengthening protection of rights under the Health Care Consent Act, (4) reducing inappropriate intervention, (5) increasing accountability and transparency, and (6) enabling greater choice of substitute decision makers.

The Final Report makes 58 recommendations on the statutory regime for legal capacity, decision-making, and guardianship, including proposed reforms to the SDA, the Health Care Consent Act, 1996and the Mental Health Act. Some of the Final Report’s key recommendations on the law of substitute decision-making include:

  1. Improved access to capacity assessments under the SDA;
  2. A standard-form “Statement of Commitment” required to be signed by persons accepting an appointment as an attorney;
  3. The delivery of “Notices of Attorney Acting” at the first time the attorney acts, delivered to the grantor, the spouse, any previous attorney and any monitor appointed, as well as for any other persons identified in the Power of Attorney;
  4. The option to name a “monitor”, who would have statutory powers to visit and communicate with the grantor and powers to review accounts and records kept by the attorney;
  5. Development of time-limited or reviewable guardianship orders;
  6. Development of limited property guardianships, in parallel with existing limited personal care guardianships;
  7. Further research and consultation be conducted towards establishing a dedicated licensing and regulatory system for professional substitute decision-makers;
  8. Further research and consultation be conducted towards allowing community agencies to provide substitute decision-making for day-to-day decisions;
  9. Clarification of the duty of health practitioners to provide information to substitute decision-makers upon a finding of incapacity; and
  10. Empowering adjudicators under the SDA to order substitute decision-makers to obtain education on specific aspects of his or her duties.

The Final Report suggests short, medium, and long-term plans for implementing the LCO’s recommendations. You can find a copy of the full report at the LCO website.

Thank you for reading.

Suzana Popovic-Montag

 

Other articles you might enjoy:

Supported and co-Decision-making: Law Commission of Ontario Considers Alternatives to Substitute Decision Making

Law Commission of Ontario’s Proposed Changes to Capacity Assessments

Law Commission of Ontario Proposes Changes to Ontario’s Capacity, Decision-making and Guardianship Legislation

01 Dec

Hull on Estates #443 – Simplified Procedures for Small Estates

Hull & Hull LLP Archived BLOG POSTS - Hull on Estates, Hull on Estate and Succession Planning, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes Tags: , , , 0 Comments

This week on Hull on Estates David Morgan Smith and Doreen So discuss the Law Commission of Ontario’s Final Report on Simplified Procedures for Small Estates, which is also available online at http://www.lco-cdo.org/en/small-estates-final-report.

Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog below.

Click here for more information on David Smith.

Click here for more information on Doreen So.

28 Oct

The Law as it Affects Older Adults – Hull on Estates #134

Hull & Hull LLP Elder Law, Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes, TOPICS Tags: , , , , , , , , , , , , 0 Comments

Listen to The Law as it Affects Older Adults

This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss a recent consultation paper from the Law Commission of Ontario(LCO) titled: The Law as it Affects Older Adults. The LCO has initiated a project to develop a legal framework for the law as it affects older persons and will be essential in addressing the needs and experiences of this group.

Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.

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