Under Ontario law, adult capacity is task-based rather than
diagnosis-based.
The upshot is that an individual’s required level of
capacity can vary depending on the nature of the decision to be
made. For example, having capacity to make a will or power of
attorney (POA) is different from having capacity to manage property
and finances or make personal care decisions.
When evaluating capacity, it is also important to keep in mind
that capacity can vary due to medication and other health factors
— even over the course of single day.
The preferred option when planning for the possibility of
impaired decision making is to prepare POAs for property and care.
Where a person lacks capacity to do this, and no POA is available
naming someone who is able and willing to act, the solution is a
guardianship application under Ontario’s Substitute
Decisions Act (SDA).
