Disability Law Primer (PDF) - ARCH Disability Law Centre
Chapter 4 Capacity to Instruct Counsel: Promoting, Respecting and Asserting Decision-Making Authority Dianne Wintermute, Staff L ...
Capacity to Instruct Counsel: Promoting, Respecting and Asserting Decision-Making Autonomy^1 TABLE OF CONTENTS I. OVERVIEW ..... ...
I. OVERVIEW This chapter focuses on addressing the needs of clients whose capacity may be in issue, regardless of the legal issu ...
a lawyer must be able to assess the client’s capacity and decide whether it is possible to continue to accept instruction from t ...
An important element of the definition above is that the focus is on process rather than outcome. The determination of capacity ...
reasons, it may be necessary in some cases to evaluate a client’s capacity on an on-going basis especially if any change in thei ...
Consistent with the task specific notion of evaluating capacity, different legal tests have been developed in different contexts ...
Commentary A lawyer and client relationship presupposes that the client has the requisite mental ability to make decisions about ...
accommodation has been complicated in the past,^10 increasingly, administrative boards and tribunals as well as the courts are a ...
The idea behind accommodation is that a person who is unable to perform a particular function due to a disability, will, in most ...
which may be expressed as words or gestures, to the lawyer in a manner the lawyer can understand.^13 Supported decision making i ...
V. CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES The Convention on the Rights of Persons with Disabilities^15 (CRPD) wil ...
VI. PRACTICE SUGGESTIONS The following are suggestions that may assist in making a capacity determination, keeping in mind that ...
Not evaluating prior knowledge A lawyer is not testing a client’s prior knowledge but is instead inquiring whether the client ...
that leads to intermittent periods of incapacity, it would be wise to plan for such situations. A lawyer will need to consider w ...
can bring an application on behalf of that person to the Human Rights Tribunal of Ontario.^18 The Human Rights Tribunal of Ontar ...
In Ontario, if an adult is found to be incapable of bringing their issue before a court, Rule 38 of the Rules of Civil Procedure ...
The basic principles that can help guide a lawyer when faced with making a decision about a client’s capacity include: There is ...
environment; and removing barriers that hinder full and effective participation in society.^27 These objectives underscore the i ...
Chapter 5 Protecting the Rights of Persons Subject to a Substitute Decision Maker Edgar-André Montigny, Staff Lawyer ARCH Disabi ...
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