Mental Capability

 

 

Although all adults are presumed to be mentally capable, older adults may be more likely than other adults to have their mental capability to make their own decisions questioned. Many types of physical and mental health conditions can diminish the mental capability of some older adults.

But whose mental capability changes? And how do we tell? What are rights of older adults whose mental capability is being called into question? What happens afterwards?

The laws in Canada vary from province to province.

 

Resources

ONTARIO
 

Consent and Capacity/Substitute Decision-Making - The Basics J. Wahl, Advocacy Centre for the Elderly. 2003. Produced by ACE. Six pages.

 

bulletDescription: This article is written for individuals, case managers, and serviceThumbnail image not available providers in Ontario. It covers what happens when someone is no longer capable of making decisions for themselves and requires a substitute decision maker.  It explains what mental capacity means, how to determine if a person is mentally capable or incapable, who assesses mental capacity and under what circumstances, and what to do if a person is not mentally capable to make decisions.
 

Who Assesses Capacity Under What Circumstances . Wahl, Advocacy Centre for the Elderly. 2003. Produced by ACE. 3 pages.

bulletDescription: In a table form, this identifies who assess mental competency of adults in Ontario, in the context of different tasks and contexts- for making a contract, creating/ signing a valid continuing power of attorney, statutory forms of guardianships, and personal care  (power of attorney for personal care, health care consent).

 

 

Journal Articles

Hazelton, L.D. Sterns, G.L. & Chisholm, T. (2003) Decision-making capacity and alcohol abuse: clinical and ethical considerations in personal care choices. General Hospital Psychiatry, 25, 130–135.
 

 

 

 

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Last updated: 08/28/08.

 

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