While physicians and others can prepare assessments of capacity in some
instances, the report of a designated capacity assessor will usually take
precedence over other reports due to the specialized training designated
capacity assessors receive and the level of relevant detail their reports usually
offer. Nevertheless, when competing or conflicting assessments are before the
court, in deciding which carries more weight, a judge generally takes into
consideration a variety of factors such as the overall quality and usefulness of the
assessment, the level of relevant detail offered and the qualifications and
experience of the individual performing the assessment.
B. Who Pays for AssessmentCapacity assessments can be expensive. A basic report on a person’s capacity
to manage property can cost between $800.00 and $1,500.00. In cases of
specific injury such as an acquired brain injury some may argue that only a
neuro-psychiatric specialist has the training and expertise necessary to evaluate
a person’s capacity. Such reports can cost three to four times as much as a
regular capacity assessment. While such specialist reports may be necessary
when making a claim for damages, the SDA does not require such reports to
assert capacity. Designated capacity assessors are assumed to be qualified to
determine capacity for the purposes of activities under the SDA.
The challenge is paying for the assessment. Where the guardian supports the
individual, the guardian can release funds from the individual’s account. The
guardian can refuse to pay for the assessment or insist that an assessor of their
choice is used. While a statutory guardian is required under the SDA to arrange
and pay for an assessment upon request (as long it is has been at least 6
months since the last assessment), there is no such clear obligation on the part
of a court appointed guardian to co-operate with a request for an assessment
from the ‘incapable’ person. There is no effective way to enforce this requirement
against an unwilling guardian without pursing litigation and obtaining a court