Dealing with Mental Incapacity
Mental incapacity is when someone cannot understand relevant information or cannot appreciate what may happen as a result of decisions they make—or do not make—about their finances, health or personal care.
- Planning ahead
- How do I plan ahead in case I were to become unable to take care of myself and my property? Learn more about choosing a substitute decision-maker for yourself through a Power of Attorney and "living will".
- What do I do if I think someone is incapable of taking care of themselves?
Learn how to:
- request an assessment of someone's capacity
- find someone to perform an assessment
- find and fill out assessment forms
- make a referral to the OPGT in cases of serious risk
- What happens when someone is deemed incapable?
- Learn more about how substitute health care and financial decisions are made, a guide to the Substitute Decisions Act, the role of the Public Guardian as decision-maker.
In the absence of a continuing Power of Attorney for
property, a Guardian of Property must be
assigned to make decisions on behalf of the incapable person.
Learn more about:
- what it means to be a guardian
- how to become a guardian
- what to do if you are concerned about how a guardian is performing
- About the Office of the Public Guardian and Trustee (OPGT)