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.

Planning for the future is essential, especially when it comes to personal care and financial security. A Power of Attorney (POA) is a legal document that allows an individual (the “grantor”) to appoint someone they trust (the “attorney”) to make decisions on their behalf should they become incapable of doing so. Having valid and well-thought-out POA documents for personal care and property is one of the most effective ways to ensure your interests are protected and to preven

Becoming a Substitute Decision Maker (SDM) in Ontario is a significant responsibility that involves making decisions on behalf of someone who is incapable of making their own decisions. This role can arise under the Substitute Decisions Act (SDA), the Mental Health Act (MHA), or the Health Care Consent Act (HCCA), depending on the type of decisions that need to be made. This blog explores what it means to be an SDM...

This post provides a comprehensive overview of the Consent and Capacity Board (CCB), an independent tribunal in Ontario that addresses...