Dealing with Mental Incapacity

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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.
Guardianship
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)