Consent and Capacity

Refusal to make findings of incapacity: a concerning trend

A concern about litigation has led to absurd and often dangerous failures to make findings of capacity.

What is a Form 2?

If you have a loved one with a serious mental illness, you HAVE to watch this video. It is about the primary legal tool to get a person to the hospital for an assessment.

Proposed law could force patients into long-term care without consent

The government is currently debating a bill that could force people to long-term care without consent, even if they are mentally capable of making their own decisions.

What happens if a substitute decision-maker lacks capacity?

A substitute decision-maker must be "capable" of making treatment decisions. What happens if they're not?

6 Week Course: Guardianship in Ontario (for parents who have an adult child with disabilities)

Our 6 week guardianship course starts this week!

What is a Management Plan?

What is a Management Plan? Hint: It relates to guardianship of property.

What Happens When Substitute Decision-makers Can't Agree On a Decision?

Sometimes 2+ people have to make health care decisions for someone else (e.g. 2 parents deciding for a child, 3 adults deciding for a parent with dementia). In this vlog we answer the question: what happens if those decision-makers can't agree?

What is a Mature Minor?

Find out what "mature minor" means in Ontario.

Who consents to the Covid-19 vaccine? (5-11 year olds)

Who consents to children receiving the Covid-19 vaccine? The child? The parents? The government? The answer is complicated.

What Does a Guardian of Property Do?

A guardian of property can do almost anything - except make a Will! Learn more in this blog.

What is Capacity?

When discussing a patient or resident's capacity, it is important to be specific. Simply stating that a person is "incapable" is generally incomplete.

Informed Consent

What is a capable person entitled to know before they consent or decline to consent to a proposed treatment?

What is The Consent and Capacity Board?

A brief overview of the Ontario Consent and Capacity Board.

How do you know who a patient's substitute decision-maker is?

Who makes decisions if a patient is unable to for themselves?

What Does the Public Guardian and Trustee (PGT) Do?

The Public Guardian and Trustee (PGT) is an agency that plays a role in many matters involving consent and capacity.

Mismanaging Property Mini-Series (Part 4 of 4): ODSP

In the fourth video of four part mini-series on mismanaging property, I discuss ODSP. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.

Mismanaging Property Mini-Series (Part 3 of 4): Joint Accounts

In the third video of four part mini-series on mismanaging property, I discuss joint accounts. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.

Mismanaging Property Mini-Series (Part 2 of 4): Guardianship

In the second video of four part mini-series on mismanaging property, I discuss guardianship of property. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.

Mismanaging Property Mini-Series (Part 1 of 4): Powers of Attorney

In our 4 part mini-series on mismanaging property, I discuss powers of attorney for property. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.

An app for parents who have children with developmental disabilities

We made a tool for parents of children (of any age) with developmental disabilities who are unable to make medical decisions for themselves.

Webinar Announcement: Debriefing "I Care A Lot" and "The Guardians"

We are debriefing the films "I Care A Lot" and "The Guardians".

Online Courses for Caregivers About Mental Health Law

We're excited to announce 2 online courses we’ve made specifically for families who have a loved one with a mental illness.

Is the law changing to permit physicians to remove ventilators?

Media is reporting that the government is considering removing the right of substitute decision-makers to consent to withdrawal of ventilators.

An Introduction to our DIY Guardianship Course

We created an online DIY guardianship course to assist individuals to become guardian of property for their loved one - without hiring a lawyer! This video provides some context about why we made the course and who it is for (and not for!)

Britney Spears' conservatorship

In November 2020 Lisa Feldstein was quoted in The Province in an article by Laura Hensley entitled "The 'extraordinary' case of Britney Spears' conservatorship".

Canada is about to change who is eligible for medically assisted death

After consultation with stakeholders, commissioning of expert reports, and some lawsuits stating that aspects of the current law are unconstitutional, the time to update Canada's MAID laws has finally arrived.

What is a Power of Attorney for Personal Care?

Find out what a POA for Personal Care is (hint: it's different than a Will) and what goes into one.

Holidays and POAs: 4 things to consider when gift-giving on behalf of a person with dementia

It’s holiday time and questions often arise about whether gifts can be given on behalf of a person who, legally, isn’t capable of managing property.

Can you commit someone with a Fortnite addiction to a psychiatric facility?

There are parents who describe their teenagers as “addicted” to video games. They might be right. On their path to seek help for their kids who seem lost in another world, could they have their children committed to a psychiatric facility? Perhaps.

Can your ex legally refuse to vaccinate your kids?

An Ontario man entered family law arbitration seeking to vaccinate his kids, which his ex-wife opposed. To his surprise, he lost.

Advance Requests for Medically Assisted Death

Should advance requests to medically assisted death be legal?

When is a person legally dead?

A person who is brain dead often does not appear dead. Their heart can still be beating and their chest may rise and fall. These behaviours raise the question, when should a personally be legally dead?

What is a proposed representative?

The term "proposed representative" is not in most people's vocabulary, and doesn't need to be. But if you are a family caregiver and the term arises, chances are there is a conflict about who makes health care decisions for a loved one.

Canadian Infertility Awareness Week 2018 PSA

Today is the first day of Canadian Infertility Awareness Week 2018. To those who are struggling, you are not alone [...]

How to Save Money on Your Taxes

It’s tax time! From ambulance services and assisted breathing devices to medical marijuana and wigs, a variety of expenses can save you money on your taxes...

The gift of time: How to use the holidays to check on your family’s well-being

With the holidays comes an opportunity to spend time with family and check on how loved ones are doing. As our relatives age or enter new stages of life, some of them may face health challenges we only discover when we visit in person.

Does a “Do Not Resuscitate” Tattoo Have to be Followed?

A man in Florida tattooed “DO NOT RESUSCITATE” (often referred to as “DNR”) on his chest. Later in life he was brought into the emergency department in an unconscious state and his health care professionals were subsequently left to ponder whether they could – or should – honour his wish if his heart stopped.

Bill 160 could make it harder for families to protect loved ones with dementia

The Ontario government introduced a new bill (“Bill 160, Strengthening Quality and Accountability for Patients Act, 2017″) that, if passed, would create a variety of changes within our health care system

How to Reduce Abuse & Conflict Involving Powers Of Attorney (Reflections on Law Reform Recommendations)

This blog reviews – and strongly endorses – two of those recommendations made by the Law Commission of Ontario relating to powers of attorney.

Ontario proposes medical assistance in dying legislation

On December 7, 2016 the Ontario government introduced Bill 84, Medical Assistance in Dying Statute Law Amendment Act, 2016 to fill some gaps that were outside Parliament’s authority to legislate.

Should parents be allowed to stunt the growth of and sterilize their disabled child?

A New Zealand girl born with developmental disabilities is unable to speak, walk or see. In an effort to make her life better, her family decided to stunt her growth and remove her uterus.

Will My Doctor Be Allowed to Kill Me? And Other Questions about Physician-Assisted Suicide in Canada

In February 2016 physician-assisted suicide will be legal in Canada. And we need to talk about it.

Do you have an opinion about what Canada’s assisted dying laws should look like?

A Panel is carrying out consultations about the developing assisted dying laws in Canada.

Case Update: Aboriginal right to traditional medicine does not trump best interests of the child

The parents of an Aboriginal girl with cancer were allowed to refuse chemotherapy; the parties returned to court to have the judge clarify the decision.

Should we be allowed to deny our future selves food and water?

Which “self” should prevail if the future “self” is a different person?

Will there be a new Dr. Kevorkian?

The Supreme Court of Canada’s recent decision opens the door for physician-assisted suicide in Canada.

Supreme Court of Canada Rules to Permit Physician-Assisted Suicide: Carter v. Canada (Attorney General)

Judge rules Aboriginal family can refuse chemotherapy for 11 year old

Family members should evaluate all options before proceeding with legal action (or HPARB upholds CNO refusal to take further action)

Mom has dementia: what should I do?

What are some things a person should do upon a diagnosis of dementia?

Legal Considerations for People with ALS and their Caregivers

What happens when a child refuses life-saving treatment?

Lisa Feldstein interviewed on Family Caregivers Unite

Lisa Feldstein published in the National Post

US cases force us to revisit the definition of death

What does the Rasouli decision mean for families in Ontario?

One week, two end of life decisions

10 Reasons Young People Need a Power of Attorney

Many people in their 20s and 30s do not have a Power of Attorney. They think if anything happened to them, their families would be able to make all decisions for them without issue. These people are mistaken.

Psychiatrist’s clinical judgment does not obviate need to meet standards of evidence in CCB hearings: Anten v. Bhalerao

JLM: A Consent and Capacity Board Decision Explained

National Guidelines Introduced to Support Family Caregivers of Adults with Mental Health Problems

Quebec End of Life Bill Introduced

Is it Legal to Force Medication on Someone?

This blog discusses the laws that govern when and how we can force treatment without consent or cooperation of the patient.