What is a Capacity Assessment?

Capacity Assessment is the formal assessment of a person’s mental capacity to make decisions about property (finances) and personal care. Under the Substitute Decisions Act, many situations require capacity assessments to be conducted by specially qualified assessors who must follow specific guidelines.

Simply, if an individual is found capable, then that individual will continue to manage their property, finances and/or personal care. If the individual is found incapable, then the office of the Public Guardian and Trustee (PG & T) will take over and become that individual’s legal guardian.

If there is a family member or a friend of the incapable individual interested to take over and become the legal guardian (with the agreement of the incapable individual), then we can direct them to apply to replace the PG&T as a statutory guardian.

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In most cases, the person requesting the assessment pays the assessor. For example, if a family member, friend, or caregiver requests the assessment, they would pay the assessor directly. If a guardian of property is then appointed for the person, the guardian can reimburse them from the assessed person’s funds if there are funds for this. There is a Financial Assistance Program available to cover the cost of an assessment in situations where an individual (not an institution or agency) cannot afford the fees.



Please feel free to click the following buttons for more information about the legal mental capacity assessments under Substitute Decision Act (SDA) – Ontario

ministry of attorney general website protecting mentally incapable people information about the office of pg&t the capacity assessment office .. : q & a