Capacity Assesments

Capacity Assessments

Property and/or Personal Care

Dr. Sands accepts referrals from insurers, allied health professionals, lawyers and the general public for evaluations of capacity to manage Property/Personal Care, and opinions on testamentary capacity, and capacity to give/revoke Powers of Attorney for Property and Personal Care.

Sometimes neurological (e.g., Brain Injury, Dementia) conditions and severe mental health difficulties (e.g., Psychotic Disorder, Severe Alcoholism or Substance Abuse) can impair one’s ability to manage one’s financial affairs or personal care matters.

If you are concerned about yourself, a loved one or a client who may not be managing their financial affairs effectively, Dr. Sands conducts assessments to provide opinions on capacity.

Capacity Assessments - FAQ's

Q: When do I need a capacity assessment to activate an existing Power of Attorney?

A: Show the Power of Attorney document to a lawyer so that he/she can tell you if the Power of Attorney document requires that the person’s capacity must be assessed in order to activate the document. Ensure that you seek out a lawyer who specializes in Wills & Estates or Capacity Law. If he/she tells you that a formal assessment is required, contact me and I will assist you by performing the assessment.

If an assessment is not required, you should be able to just provide a copy of the Power of Attorney document to the bank so that they are aware that you are now the legal attorney managing the individual’s financial affairs from that point on.

Q: Who conducts capacity assessments?

A: Since 1996, the Ontario government decided to train various regulated health professionals with clinical experience in this area to perform capacity assessments for Property and Personal Care under the Substitute Decisions Act, 1992. These professionals include: psychologists, medical doctors, occupational therapists, social workers, and nurses. Fees charged depend on their training and private fee schedule. The requestor is responsible for paying the assessor’s fees.

Financial assistance through the Capacity Assessment Office is available for low income eligible individuals. The Capacity Assessment Office website at the Ministry of the Attorney General’s Office guides you through that application process or you can call: (416) 458-5650 and speak with Ms. Shelley Toland.

The complete roster of assessors, by geographic region and profession can be located on the Ministry of the Attorney General’s website.

Q: What do I do if I suspect or know that someone is financially abusing (i.e., stealing from or exploiting financially) an elderly person?

A: Call the police. Most police departments have a police officer dedicated to Elder Abuse.

If there is no Power of Attorney for Property in existence for the individual who is being exploited, you can call the Urgent Investigations Unit at the Public Guardian and Trustee’s Office in Toronto and speak to their investigator.

Aside from Capacity assessments under the Substitute Decisions Act, 1992, for Property and Personal Care, Dr. Sands provides opinions on Testamentary Capacity and Capacity to Give/Revoke Powers of Attorney for Property and Personal Care.