Building the Path to Home

Consenting to treatment *

The doctor who is treating the person is responsible for determining whether the person is capable of consenting to treatment. This must be evaluated each time treatment is started.

The Health Care Consent Act sets out the rules for making decisions about treatment.

A person is considered capable of making a decision about treatment if he or she is able:

• to understand the information that is relevant to the decision about the treatment and
• to appreciate the likely consequences of consenting to or refusing the treatment (or of not making the decision at all).

*This section is adapted from Centre for Addiction and Mental Health. (2003). Challenges & Choices: Finding Mental Health Treatment in Ontario. Toronto: Author.

When a person is not capable of deciding about treatment

If a person is found incapable of making treatment decisions, a substitute decision-maker (SDM) is asked to make decisions for the person. If the person, when capable, expressed wishes about what he or she would want should he or she become incapable, the SDM must make choices based on what the person said. If the person didn't express any wishes, the SDM must act in his or her best interests.

An SDM may be a family member, a person's guardian, an attorney for personal care or someone else appointed by the Consent and Capacity Board. If no one is available to act as an SDM, the Office of the Public Guardian and Trustee (OPGT) assumes this role.

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