4,104
edits
Changes
m
no edit summary
== B. Mental Capacity ==
:'''NOTE:''' For the purposes of this manual, there is no distinction between “mental capacity”, “capacity” and “capability”. The terms are used interchangeably.
In BC the law presumes that an adult is capable to make personal and legal decisions (e.g. decisions regarding health, life, property, assets, financial arrangements, etc.), unless there is evidence to the contrary. A person may become incapable at a point in his or her life due to illness, disability or accident. If an adult is, or becomes incapable, another person (or persons) can become the substitute decision-maker(s), who acts on the wishes and values of the incapable adult. A substitute decision-maker can be appointed in either of the following ways:
*any other prescribed matter.
:'''NOTE:''' This is a complex and rapidly changing area of the law. This above statutory test for incapacity in s 12(2) of the PAA came into effect on September 1, 2011. This test is significantly broad in scope and appears to only apply to an EPOA. However, it remains to be seen how this test will be interpreted by the courts. As of July 23, 2015, there has been no judicial interpretation of this test. Consult your supervising lawyer for guidance on assessing capacity for other types of Powers of Attorney, or if there is a greater need for clarity about the validity of these documents.
=== 2. Health Care Consent ===
For more information about the requirements and scope of ADs, refer to [[Advance Directives (15:VI) | section VI: Advance Directives]] in this chapter.
:'''NOTE:''' Health care consent is a complex and rapidly changing area of the law. Consult your Supervising Lawyer for guidance on assessing capacity to make an RA or AD, or if there is a greater need for clarity about the legal validity of these documents.
=== 6. Designated Agencies – Support and Assistance ===
In BC, various laws define what is required to validly execute each of these documents, the duties and powers held by the appropriate substitute decision-maker(s), and the legal authority or scope of decisions made.
{{LSLAP Manual Navbox|type=chapters15-22}}