Ontario Guardianship Law
Author | : A. Sean Graham |
Publisher | : |
Total Pages | : 222 |
Release | : 2014 |
Genre | : Capacity and disability |
ISBN | : 9780779862696 |
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Author | : A. Sean Graham |
Publisher | : |
Total Pages | : 222 |
Release | : 2014 |
Genre | : Capacity and disability |
ISBN | : 9780779862696 |
Author | : Law Commission of Ontario |
Publisher | : |
Total Pages | : 467 |
Release | : 2017 |
Genre | : Capacity and disability |
ISBN | : 9781926661827 |
"The Final Report is the most comprehensive analysis of Ontario's legal framework in this area in almost thirty years. The Final Report assess the objectives, policies, structures, legal instruments, and procedures governing capacity, decision-making and guardianship in Ontario. The Final Report makes recommendations that build on the strengths of the current system and improve areas where necessary. The LCO's recommendations are practical, achievable, and should benefit persons affected, their families, institutions, and service provides across the province." -- Introduction.
Author | : British Columbia Law Institute |
Publisher | : |
Total Pages | : 65 |
Release | : 2006-11-01 |
Genre | : Capacity and disability |
ISBN | : 9781894278379 |
Author | : Israel Issi Doron |
Publisher | : |
Total Pages | : 0 |
Release | : 2005 |
Genre | : |
ISBN | : |
In 1992, Ontario completely changed its adult guardianship laws and enacted three novel pieces of legislation: the Consent to Treatment Act; the Substitute Decision Act; and the Advocacy Act (a change that was finalized in 1996 when the Advocacy Act was repealed and the Consent to Treatment Act was replaced by the Health Care Consent Act.) Ontario's innovative legal reform was the outcome of a long and thorough legislative effort aimed at shifting the political balance from a paternalistic to an autonomy-respecting adult guardianship system. Since the proclamation of Ontario's new adult guardianship laws, no empirical research (or any other scientific research for that matter) was conducted with regard to the actual success, failure, implementation, or other dimensions of the new legal regime. This article presents the findings of an exploratory study of the elder guardianship experience in Ontario under its new legal regime, as viewed from the narrow yet important perspective of Ontario's Consent and Capacity Board. The findings provide a glimpse of Ontario's elder guardianship reality and establish the main questions and important dimensions that should be further examined in future studies in this field.
Author | : Robert Macaire Gordon |
Publisher | : |
Total Pages | : |
Release | : 1992 |
Genre | : Conservatorships |
ISBN | : 9780459551421 |
Author | : Canadian Centre for Elder Law |
Publisher | : |
Total Pages | : 0 |
Release | : 2009 |
Genre | : |
ISBN | : |
An adult guardian is somebody who is appointed to make decisions for an adult who is not capable of doing so. Individuals might need an adult guardian if they suffer from conditions such as a mental illness or handicap, a degenerative disease, or a head injury. This appointed individual is called a “committee.” The laws governing adult guardianship vary in different jurisdictions. This study paper provides a comparative analysis of the legislative schemes in BC and other jurisdictions, notably New Zealand and Ontario, and considers key issues that are essential for meaningful reform. Some regimes are more paternalistic, emphasizing protection of the vulnerable adult, while others focus more on individual rights and seeking to promote autonomy. The regime in BC, specifically the Patients Property Act, has been criticized for being outmoded and paternalistic. This study paper was written in light of the BC government's announcement of its intention to modernize its guardianship laws.
Author | : Ontario Law Reform Commission. Family Law Project |
Publisher | : |
Total Pages | : 634 |
Release | : 1968 |
Genre | : Domestic relations |
ISBN | : |
Author | : Terry Carney |
Publisher | : Federation Press |
Total Pages | : 258 |
Release | : 1997 |
Genre | : Law |
ISBN | : 9781862872646 |
During the 1980s, Australia remade its 'adult guardianship' laws that governed people unable to manage their own affairs or property. The reforms embraced UN principles and took a common pattern with reformist North American and European countries - with one key exception. The rest of the world chose courts to administer the laws; Australia created specialist multi-disciplinary tribunals. This book compares the work of guardianship tribunals and courts and argues forcefully that Australia's adult guardianship experiment in popular justice is a success. Carney and Tait present work on the Australian tribunals in NSW and Victoria and compare them with overseas studies on courts (and the Family Court of Australia). On every measure tribunals outperform courts. They are more inclusive. They pay more attention to social context and functioning, and are better at incorporating the affected person into the hearing, striking an 'alliance' with them. Courts, by contrast, favour alliances with families and the medical profession. Even in areas where courts might be expected to perform better, they are less successful than the tribunals, collecting and testing evidence and avoiding unnecessary intervention.