Consent and Capacity
An extension of providing care to loved ones through Powers of Attorney, whether for property or personal care, is the unfortunate circumstance when those we care about become of making decisions for themselves.Several pieces of legislation govern the situation of determining whether someone is no longer capable, and if that is the case, who will be making those decisions and what rights the incapable person has and/or their representative when other care givers challenge those decisions. An example which is faced by many families every day is when decisions need to be made when at or near end of life.
Who decides the type of care our loved one will be provided? Where there is a substitute decision maker, for example under a Power of Attorney for Personal Care, what happens if there is a disagreement between this person and the care the doctors believe is advised? What rights does the loved one have, through the substitute decision maker, to disagree and contest the doctor’s recommendations?
There are also circumstances where someone is living with a mental illness and may not agree to the treatment that is being suggested and they have been deemed incapable. As the incapable person, what rights do you have? As the loved ones of the incapable person, what rights do you have? Perhaps the loved one is elderly and is suffering from Dementia or Alzheimer’s Disease.
These are all very difficult and real issues that individuals, families and friends face every day. We at RV Law have the experience to help you navigate these issues with compassion and competence.