In Ontario patients must consent to medical treatment. If the patient is incapable and has not executed a power of attorney for personal care then someone has to make that decision on their behalf. This applies for issues relating to property and personal care. It is really important to appreciate that depending on the province in which you live and the task before you there are different thresholds or bench marks for a person’s:
- Capacity to make a will;
- Capacity to make decisions about property;
- Capacity to make decisions about personal care;
- Capacity to get married.
- The court may, on any person’s application, appoint a guardian of property for a person who is incapable of managing property or person if, as a result, it is necessary for decisions to be made on his or her behalf by a person who is authorized to do so. If there is no substitute decision maker then the Public Guardian and Trustee may become involved.
Another helpful site is: