Disability Law Primer (PDF) - ARCH Disability Law Centre
their autonomy, they may lose some or all of the supports and protections that they currently receive. Capacity involves an unde ...
Some guardians may welcome the assistance of a lawyer to help them resolve conflicts with the ‘incapable’ person. In such cases ...
All lawyers should keep in mind that it is the rights of the “incapable” person that are paramount. The entire purpose of the gu ...
decisions independently.^32 Other clients, regardless of their capacity, may not want to re-assert full autonomy. They may want ...
If no progress can be made dealing with the PGT representative or their supervisor, it may be necessary to file a complaint with ...
Court Appointed Guardians Court appointed guardians of property are often family members of the incapable person. If the guard ...
Nevertheless, the following processes, short of termination, can be used to control a guardian’s actions: a. Passing of Accounts ...
their own costs as well as those of the guardian, with no guarantee that the Court will order any reimbursements. Even if a Cour ...
B. Terminating a Guardianship The most effective way to promote and protect a client’s autonomy and resolve most issues related ...
many cases, it is probably in the client’s best interests to replace the PGT with a family member guardian, particularly if it i ...
Pursuant to s. 20.1 of the SDA, statutory guardians are required to arrange a capacity assessment upon request, as long as no as ...
Generally, capacity assessments, performed by a qualified capacity assessor, confirming a person’s capacity, will be sufficient ...
without the client’s permission.^40 Advise your client to refuse to submit to an assessment unless you have arranged the assessm ...
‘reasonable grounds to believe the person is incapable’ if they have presented the court with recent assessments asserting their ...
Strathy J. in Kischer^42 , it is important to resist the temptation to order an assessment based on the argument that it can’t h ...
intrusion is all the more objectionable when the client has already voluntarily submitted themselves to assessment. f. Who Pays ...
personal care, the only clear way to reverse that declaration is to produce a capacity assessment stating that the person is now ...
better able to accommodate the person’s particular disability and therefore be better able to obtain the information needed to a ...
While physicians and others can prepare assessments of capacity in some instances, the report of a designated capacity assessor ...
order. In such cases, it is easier and quicker for a lawyer to arrange an assessment themselves. The Capacity Assessment Office ...
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