order. In such cases, it is easier and quicker for a lawyer to arrange an
assessment themselves.
The Capacity Assessment Office may be able to cover the cost of assessments
in certain situations. If the person under a guardianship is on ODSP or other
social assistance and the guardian is refusing or is unable to release funds to
cover the cost of an assessment, an application can be made to the PGT for
funding.
Otherwise, a person who may be capable may find themselves unable to assert
their capacity due to their inability to cover the cost of an assessment. If they
have sufficient funds to cover the cost, but the guardian is refusing to pay, it may
be necessary to obtain a court order compelling the guardian to pay.
C. Preparing a Client for an AssessmentThe best way to prepare a client for an assessment is to review the assessment
process from step to step so the client has a good idea of what is going to
happen, what questions they will be expected to answer and what is coming
next. As part of this preparation, it may be useful to review the Capacity
Assessment guidelines with the client.^46
It may be useful to run through some sample questions to gage a client’s ability
to respond clearly and effectively. It is particularly important to ensure that the
client is familiar with the current state of their financial affairs.^47 You can help a
client focus their responses on the most relevant details. It is usually helpful to
provide a client with a wide range of possible styles of questions to ensure they
(^46) See Capacity Assessment Office, Guidelines for Conducting Assessments of Capacity (2005),
online: <http://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/capacity/2005-06/guide-
0505.pdf 47 >.
To further this, it may be useful to request updated financial information from the person’s
guardian.