Final Report on Legal Capacity, Decision-making and Guardianship from Ontario’s Law Reform Commission

After years of work in developing the report, the Law Commission of Ontario’s final report with suggestions on implementation.

http://www.lco-cdo.org/en/our-…ng-and-guardianship/

These laws have a profound impact on the wellbeing of the individuals addressing both the protection of the autonomy of affected individuals and the risks of abuse and exploitation of individuals who may be vulnerable.

This project responds to public concerns regarding:

  • Misuse of powers of attorney;
  • Inappropriate interventions in lives of elderly Ontarians and Ontarians with disabilities;
  • Complex, lengthy and costly resolution of legal disputes;
  • Widespread lack of understanding among individuals, families, health and legal professionals, institutions, community agencies, and others; and,
  • Need to update Ontario’s laws in light of significant impact of demographic, legal, and social changes since these laws were introduced.

The LCO’s report is the most comprehensive analysis of Ontario’s framework governing legal capacity, decision-making and guardianship laws in nearly 30 years. Ontario’s current legislative regime for legal capacity, decision-making and guardianship took shape following several provincial reports in the late 1980s – early 1990s.

 

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One comment

  1. Bill Dare

    Great work, that is super complex at the same time. Appendix B lays out steps of implementation. How yea old governance will go will be interesting.

    Should our LHIN’s enter? as unclear at the organizational or practice end how and who gets to enter the conversation as the issues have such breadth.

    The “progressive realization approach to implementation,” is a wise banner to the approach, how we keep things grounded in practice raises the usual questions and approaches of how health systems go about implementing.

    I think what will be a little different here, is that “law” and the legal system will be front and centre along with health professionals, family, client, health organizations.

    A great opportunity at least in Mental health world, to refocus on the “recovery model,” and implications for daily practice.

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