Ontario Substitute Decisions Act - Right To Refuse An Assessment

Right To Refuse An Assessment

Under the Substitute Decisions Act, incapacity can only be determined by a formal assessment. However, a person has a right to refuse to be assessed. To ensure that this right is upheld, an assessor, prior to beginning and assessment must tell the person being assessed what they are doing, what is its purpose, what impact their finding will have and that the person being assessed has the right to refuse. If a person refuses to an assessment it cannot be conducted.

There are limits to a person's right to refuse an assessment. A Court may order an assessment of a person's capacity against their will if it determines that there are reasonable grounds to suspect that the person does not have capacity.

Read more about this topic:  Ontario Substitute Decisions Act

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