Consent, Capacity & Mental Health

Navigating the mental health system and the laws of consent, capacity and substitute decision-making can be a challenge for lawyers and health care professionals alike, let alone lay people. Don’t face this burden without the support of specialized counsel.

Whether you have been appointed as attorney under a Power of Attorney for Personal Care or Property, are the parent of a young adult dealing with mental health hospital admission, or are the substitute decision maker (SDM) for a parent or other loved one, you may have difficult choices to make.

Navigating the laws governing involuntary hospital admissions, the assessment of capacity to make decisions, substitute decision-making (particularly around end of life issues), and consent to treatment or admission to a care facility can be overwhelming for anyone not experienced in such issues.  We frequently advise SDMs and other family members of individuals who may be (or who have been found to be) incapable with respect to treatment or admission to a care facility.

As Lonny Rosen is a member of the Consent and Capacity Board, we do not represent or advocate on behalf of clients in disputes or proceedings relating to mental health legislation or before the Consent and Capacity Board. However, we do offer general advice and guidance with respect to the sometimes confusing and often overwhelming legal issues set out above.

Back to Top