Helping you see the forest and the trees.
Capacity Assessments
In the case of a Capacity Assessment I am asked to determine if I feel a person is able to be self-sufficient enough to retain their status as their own legal guardian (which they automatically are when they turn 18 years of age). There are several levels of “independence” in between completely independent and the forfeiture of guardianship/ trusteeship. This can be thought of as a continuum:
The continuum is displayed below, from least to most intrusive.
Click the + beside each category to view a description,
Continuum
Supported decision-making authorizations
These authorizations will be regulated form and allow an adult with capacity to designate a “supporter” to help them make decisions in personal matters. The authorization will allow the supporter to access personal and health information to assist the adult in making the decision. This provision will benefit many people including those with disabilities.
Co-decision-making orders for personal matters
Co-decision-making orders come into play if an adult is assessed as having a significant impairment, but can still make decisions with assistance. A co-decision-making order is a Court Order and the adult must agree to it. This provision will be useful for families where there is a trusting relationship; for example, a wife assisting her husband who is in the early stages of dementia.
Specific decision-making provisions
This provision comes into play when an adult has no personal directive or guardian. It covers situations where a health professional believes an adult cannot provide informed consent on a decision related to health care or temporary admission to a facility. In these circumstances a health professional can select a relative of the adult to make the decision or the Office of the Public Guardian as a last resort. Currently in Alberta, there is no legal mechanism to cover situations where an adult temporarily lacks capacity to make these types of decisions and the only option available to families and health professionals is guardianship.
Temporary guardianship and trusteeship orders
These provisions apply to situations where an adult is believed to lack capacity and is in imminent danger of death or serious harm or financial loss if someone does not make a decision to prevent the death, harm or financial loss.
Guardianship and trusteeship orders
These options remain available for adults assessed as incapable, but the application process allows for improved screening and information provision for prospective guardians and trustees. The new process also ensures the adult’s views are included in a report to the Court, if possible. The AGTA also provides the Court with additional guidance when granting an order. For example, the Court must consider whether less intrusive options could meet the person’s needs.