The Act outlines a list of people who can act as the substitute decision-maker, as follows:- Guardian.
- Attorney for Personal Care.
- Representative appointed by the Consent and Capacity Board (CCB)*
- Spouse or Partner.
- Child (over the age of 16 years) or parent or Children's Aid Society (if applicable)
A substitute decision-maker is a designated person authorized to make decisions on behalf of a patient who is unable to make important decisions about their own personal care. This includes choices about health care, medical treatment, nutrition, living arrangements, hygiene and safety.
What is a substitute decision-maker (SDM)? A person who is authorized to give or refuse consent to treatment, admission to a care facility, or personal assistant services, on behalf of an incapable individual is referred to as a substitute decision-maker.
Apply to Become A Guardian of Property
There are two ways to become a guardian of property:.
1) If the person is now incapable, you can apply to the Ontario Superior Court of Justice to be appointed a guardian by a judge in a court proceeding.
Consult with a lawyer if you are considering this action.
2) If the OPGT already serves as guardian of property for the incapable person, you can .
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Apply to Become Guardian of The Person
The only way to become a guardian of the person is by applying to court.
Speak to a lawyer if you are considering applying.
As part of the court application, you will need to complete a guardianship plan formwhich explains your plan for the incapable person’s personal care that you must follow.
It is not always necessary to become a guardian of the.
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Guardianship of Minors
If money is payable to a child, a parent or other person can apply to be appointed as guardian of the child's property For example, money may be payable to a child when they receive an inheritance, are entitled to life insurance proceeds, or are awarded funds under a court order or judgment.
A parent with decision making authority is not automatica.
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Guardianship of Property
A guardian of property is a person or trust corporation that makes financial decisions on behalf of a mentally incapable adult.
A private guardian of property is appointed by either: 1. the Office of Public Guardian and Trustee (OPGT) 2. the Ontario Superior Court of Justice A guardian is responsible for managing all property, including real estate.
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Guardianship of The Person
A guardian of the person is someone appointed by the court to make personal care decisions on behalf of a mentally incapable adult.
This usually happens when the person doesn’t have a power of attorney for personal care or if their attorney is not able or willing to fulfill their duties.
A guardian of the person can make personal care decisions for.
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How do I identify a substitute decision maker for patients in CCTC?
A social worker can help you to identify the Substitute Decision Maker for patients in CCTC.
Because critically ill patients are often unable to speak for themselves, we need to identify a Substitute Decision Maker.
The selection of a Substitute Decision Maker is guided by the Health Care Consent Act.
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Overview
When a person is mentally incapableof making certain decisions, they may need a legally authorized substitute decision maker to make choices on their behalf.
The Substitute Decisions Act, 1992includes rules for some substitute decision makers for mentally incapable adults, including: 1. attorneys acting under powers of attorney for personal care or.
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The Difference Between Power of Attorney and Guardianship
An attorney is appointed by an individual who is mentally capable, while a private guardian is appointed by the court or the OPGT.
If a guardian is appointed by the court or by the OPGT, the guardian might not be who the mentally incapable person would choose.
For most people, having a power of attorney for property or personal care means that you .
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What if I don't fill out a substitute decision-maker form?
If you don't fill out the legal form and name a substitute decision-maker, the decisions your family can make may be limited.
A substitute decision-maker also may be called a health care agent, proxy, or surrogate.
Who can be a substitute decision-maker.
For your health care agent (health care proxy, health care surrogate), you may choose:.
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What is a substitute decision maker (SDM)?
An SDM is a person who can legally make health care decisions on your behalf if you are not able to understand or appreciate the information needed to make decisions about your care. • Your SDM’s role is to make care decisions for you consistent with your known applicable wishes, values, and beliefs.
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What to Do If You Are Concerned About Someone’S Wellbeing
Contact the OPGT if you have concerns about a person who may be incapable and is at serious risk.
Severe self-neglect, physical abuse and financial exploitation of incapable people are some of the problems the OPGTcan help address.
The OPGTmay investigate when: 1. someone may be incapable and at risk of suffering serious financial or personal harm .
