Building the Path to Home

Personal care and property

The Substitute Decisions Act sets out rules for making decisions about personal care and property.

Personal care

Capacity for making decisions about personal care (health care, food, housing and safety) is determined through an assessment by a qualified professional (see A Guide to the Substitute Decisions Act for details). Until incapacity is determined, the person is able to make his or her own decisions. 

For information about how to get an assessment, contact your local  Community Care Access Centre or the Office of the Public Guardian and Trustee (416 314-2803 in Toronto or toll-free at 1 800 366-0335).

Property

Whether a person is capable of managing property is determined by:

• a doctor
• a capacity assessor (the OPGT website lists qualified assessors; assessors charge a fee for their services)
• the courts.

If a person is determined to be incapable of managing his or her property, and the person hasn't made other arrangements—for example, appointing an attorney for property—before the determination of incapacity is made, a guardian for property is appointed. In some cases, the OPGT acts as the guardian of property.

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