Capacity and Consent (applies to Ontario only)

Capacity and Consent (applies to Ontario only)
Preview Tool (PDF)

NOTE : Applies to Ontario only. 


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

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National Initiative for the Care of the Elderly (NICE)
246 Bloor Street West, Room 234
Toronto, Ontario M5S 1V4, Canada