Who Can Provide Representation At a Consent and Capacity Board Hearing?
Benchmark Legal Offices Provides Legal Representation At Consent and Capacity Board Hearings.
Professional Legal Representation With Matters Requiring a Need to Balance Patient Rights With the Public Interest
The Consent and Capacity Board hears variety of health care related matters such as the involuntary admission of patients into psychiatric facilities, the consent to treatment for those incapable of genuinely granting informed consent, and the enforcement of a Community Treatment Order. Additionally, applications for review of the Consent and Capacity Board may be brought regarding consent to treatment of an incapable patient by a Substitute Decision Maker or for the replacement of the existing Substitute Decision Maker by another person.
A Consent and Capacity Board hearing occurs within seven (7) days of the application being filed, therefore there is little time to prepare for them, and the matters can be complex. As a healthcare professional in charge of a patients care you will always be called to provide evidence to the Consent and Capacity Board, either as an Applicant or a Respondent.
Scope and Power
The Consent and Capacity Board holds a broad scope of powers as authorized within five legislated statutes including:
- The Child, Youth and Family Services Act, 2017, S.O. 2017, Chapter 14, Schedule 1;
- The Health Care Consent Act, 1996, S.O. 1996, Chapter 2, Schedule A;
- The Mandatory Blood Testing Act, 2006, S.O. 2006, Chapter 26;
- The Mental Health Act, R.S.O. 1990, c. M.7;
- The Personal Health Information Protection Act, 2004, S.O. 2004, Chapter 3, Schedule A; and
- The Substitute Decisions Act, 1992, S.O. 1992, Chapter 30.
At Benchmark Legal Offices we assist healthcare professionals to navigate the process of matters of the Consent and Capacity Board and to assist clients in every step towards obtaining the best possible outcome.