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A Guide to Consent and Capacity Law In Ontario, 2018 Edition
Hiltz, D'Arcy and Anita Szigeti
Butterworths LexisNexis / Softcover / 2017-09-01 / 0433492368
Forensic
price: $90.00
In Stock (Ships within one business day)

The Seminal Book on Consent & Capacity Law*

This seminal text on consent and capacity law in Ontario assists you in navigating through the four complex and interrelated statutes under the mandate of the Ontario Consent and Capacity Board: the Mental Health Act, the Health Care Consent Act, 1996, the Substitute Decisions Act, 1992, and the Personal Health Information Protection Act, 2004.

Ontario's Consent and Capacity Board adjudicates exclusively under the Mental Health Act, the Health Care Consent Act, 1996, the Substitute Decisions Act, 1992, and the Personal Health Information Protection Act, 2004. Whether you are applying to the Board or responding to an application, this guide will assist you in navigating through these four complex and interrelated statutes and give you direction to address particular issues.

Features and Benefits:

Full text of the Substitute Decisions Act, 1992, the Health Care Consent Act, 1996, the Mental Health Act, the Personal Health Information Protection Act, 2004, and regulations and forms Have the pertinent law available in one source
Extensive expert commentary Get an overview of the law and practice and insights into the individual Acts, and apply them to your advantage
An overview of consent and capacity law practice and the Consent and Capacity Board Get the edge you need to successfully plead your case

Highlights of the 2018 Edition:

Discussion of post-Bill-122 Consent and Capacity Board's review of Mental Health Act Form 51 applications
Update on the Consent and Capacity Board's 2017 Pilot Project to cap hearing times and mandate exchange of documents between the parties and filing with the Board prior to hearings
Update on the Consent and Capacity Board's new proposed draft Policy Guideline 2 regarding proceedings involving unrepresented patient applicants
Update on developments respecting the Charter jurisdiction of the Consent and Capacity Board
Recent amendments to the Substitute Decisions Act up to S.O. 2017, c. 14, Sched. 4, s. 34.
Recent amendments to the Health Care Consent Act up to S.O. 2017, c. 14, Sched. 4, s. 16.
Recent amendments to the Personal Health Information Act, 2004 up to S.O. 2017, c. 14, Sched. 4, s. 28.

Who Will Benefit

Health lawyers who represent parties before the CCB and the courts in consent and capacity matters
Wills and estates lawyers who advise on consent and capacity issues
Judges and Justices of the Peace who issue orders for examination under the MHA and determine capacity issues in guardianship applications under the SDA
Hospitals and psychiatric facilities whose officers in charge need to know their duties and obligations under the MHA
Doctors who are called upon to treat patients who may be incapable to consent under the HCCA and to complete psychiatric assessment applications
Capacity assessors who assess the capacity of individuals in relation to property and personal care under the SDA.
Psychiatrists who assess patients for treatment capacity on a regular basis and detain individuals under the MHA
CCB members who are called upon daily to determine issues of involuntary committal and capacity
Community mental health agencies who provide care to persons subject to Community Treatment Orders and others

*As cited by the Ontario Superior Court of Justice in J.S. v. Evans, 2016 ONSC 914

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