Assessing the Capacity to Make Decisions
- I'm concerned about someone's well-being: What do I do?
- Requesting an assessment
- Contesting an assessment
- Performing an assessment
Capacity Assessment is the formal assessment of a person's mental capacity to make decisions about property and personal care. Many situations require capacity assessments to be conducted by specially qualified assessors who must follow specific guidelines.
This page contains information and resources for assessors as well as those who are requesting a capacity assessment.
I'm concerned about someone's well-being. What do I do?
If you know of an adult who appears to be mentally incapable and at serious risk, contact the Office of the Public Guardian and Trustee (OPGT).
If it appears that a person is mentally incapable and at serious risk of harm, the OPGT will conduct an investigation if no alternative solution can be found.
It is important to note that this is not an immediate, emergency crisis response service. If you are in a crisis or can't wait for an appointment, go to the emergency department of a nearby hospital. The OPGT has no authority to make decisions for the person during an investigation or while the matter is before the courts.
For more infomation, read the "Frequently Asked Questions" about Guardianship Investigations.
I need to request an assessment
- Step 1: Read the Frequently Asked Questions
- Start here for general information about the capacity assessment process
- Step 2: Contact an Assessor directly
- A list of assessors (by location) can be obtained from the
Capacity Assessment Office by calling 416-327-6766 or toll-free at 1-866-521-1033.
The request for a list of assessors can also be faxed to 416-327-6724 or write to:
Capacity Assessment Office
595 Bay Street
- Step 3: Complete the "Request for Assessment of Capacity" form ("Form 4")
- Fill out this form to request a capacity assessment and provide it to the assessor you have selected
- Step 4: Contact our staff for more information
- For information about arranging a capacity assessment, applying for financial assistance if you cannot pay the full cost of an assessment, or enquiring about assessors, call: 416–327–6766 or 1–866–521–1033
I want to contest an assessment
A person who has been assessed as incapable has the right to have the assessment independently reviewed by the Consent and Capacity Board, a tribunal operated by the Ministry of Health.
For more information, go to: www.ccboard.on.ca or call the Ministry of Health Info-Line at 1–800–461–2036
The OPGT has a duty to arrange legal representation for persons alleged to be incapable in proceedings before the Superior Court of Justice under the Substitute Decisions Act, 1992 where so ordered by the Court.
Legal Aid Ontario has a duty to arrange legal representation for persons alleged to be incapable in proceedings under the Health Care Consent Act, 1996 before the Consent and Capacity Board where so ordered by the Board. Information about Legal Aid Ontario can be obtained from their website.
For more information on Legal Aid Ontario, go to www.legalaid.on.ca or call:
Toronto: (416) 979-1446
Toll free: 1-800-668-8258
I am performing an assessment
- Guidelines for Conducting Assessments of Capacity
- Sets out the methodologies that capacity assessors are required to follow when conducting assessments
- Assessment Forms (A through E)
The following forms are to be completed by an assessor over the course of a capacity assessment
- Determination of Capacity / Incapacity or Certificate of Incapacity – Property<% ' ("Form A") %>
- Determination of Capacity / Incapacity – Personal Care <% '("Form B") %>
- Assessment Report
- Regarding Capacity to Grant a Power of Attorney for Personal Care with Special Provisions
- Regarding Capacity to Revoke a Power of Attorney for Personal Care with Special Provisions
- Assessor training
- For information about assessor training call: 416–327–6766 or 1–866–521–1033