Capacity Assessments

A capacity assessment under the Substitute Decisions Act, 1992, is conducted to determine whether an individual has the ability to understand the relevant information and appreciate the potential consequences of their decisions, or lack thereof, in relation to matters of Property or Personal Care.

These assessments are typically necessary when there are concerns about someone's ability to make informed decisions or manage their affairs due to factors such as mental illness (e.g., psychotic disorder, severe alcoholism or substance abuse) and neurological or cognitive impairments (e.g., brain injury or dementia).

The assessment process includes:

Gathering information gathering about the person’s situation, including a review of medical and financial records
Completion of a personal interview
Preparation of report and required forms
Filing and delivery of documents

A capacity assessor is a qualified professional designated to evaluate an individual's ability to make certain decisions, as outlined in the Substitute Decisions Act (SDA), 1992.
To become a qualified capacity assessor, individuals must complete a training program provided by the Capacity Assessment Office - Ministry of the Attorney General, maintain a minimum of $1,000,000 in professional liability insurance, and remain in good standing with their respective professional regulatory body.
To retain their designation, assessors are required to conduct at least five assessments every two years and participate in ongoing professional development activities. Capacity assessors operate independently and are not employed by the government.
In Ontario, a capacity assessor must be a member in good standing of one of the following regulatory bodies:
- College of Physicians and Surgeons of Ontario
- College of Psychologists of Ontario
- Ontario College of Social Workers and Social Service Workers
- College of Occupational Therapists of Ontario
- College of Nurses of Ontario (Registered Nurse or Registered Nurse-Extended Class)

What I offer

Legal Capacity Assessments under the Substitute Decisions Act, 1992 for managing Property and making Personal Care decisions in the following domains: Health Care, Nutrition, Shelter, Clothing, Hygiene, and Safety.
Capacity Assessments to provide Letters of Opinion for:
- Granting or Revoking a Power of Attorney for Property and/or Personal Care
- Testamentary Capacity
- Instructing Counsel
Please Note: A letter of opinion is not a mandatory assessment under the Substitute Decisions Act, 1992.

Get in touch

Cost

The overall cost for assessments varies, based on the nature and complexity of the situation, section(s) of the SDA, and whether one or more specific areas of capacity are to be assessed.

Other fees that may apply:

Travel fees may apply for locations beyond a 45km radius.
Court appearance fees may also apply, if relevant.

Please also note that if the individual declines to participate, I am unable to proceed with the capacity assessment legally. In such instances, a consultation fee and travel expenses will be applied.

Financial assistance may be available. Click here to learn more.