LUKINGS LAW:
The Law Blog

"Why are you trying to stop the doctors from treating them?" "Do you really think they should be allowed to leave the hospital?" "Why can't you just tell them to do what the doctor says?" These are questions that lawyers representing patients before Ontario's Consent and Capacity Board (CCB) hear from time to time. They reflect a common misconception about what a patient's lawyer is actually there to do. A patient's lawyer is not a member of the treatment team.

One of the most common misunderstandings I encounter as a lawyer appearing before the Consent and Capacity Board (CCB) is the belief that the Board decides what is in a patient's best interests. It does not. This misconception is understandable. Family members are often focused on whether their loved one needs treatment, medication, or continued hospitalization. Physicians are focused on providing care and managing risk. Patients may have a very different perspective.