jswizzle3737/ontario_laws_and_regs huggingface dataset:
46 (1) A person may give a written power of attorney for personal care, authorizing the person or persons named as attorneys to make, on the grantor’s behalf, decisions concerning the grantor’s personal care.  1992, c. 30, s. 46 (1). P.G.T. may be attorney (2) The power of attorney may name the Public Guardian and Trustee as attorney if his or her consent in writing is obtained before the power of attorney is executed.  1996, c. 2, s. 30 (1). Prohibition (3) A person may not act as an attorney under a power of attorney for personal care, unless the person is the grantor’s spouse, partner or relative, if the person, (a) provides health care to the grantor for compensation; or (b) provides residential, social, training or support services to the grantor for compensation.  1992, c. 30, s. 46 (3); 1996, c. 2, s. 30 (2, 3);  2016, c. 23, s. 70 (2). Two or more attorneys (4) If the power of attorney names two or more persons as attorneys, the attorneys shall act jointly, unless the power of attorney provides otherwise.  1992, c. 30, s. 46 (4). Death, etc., of joint attorney (5) If two or more attorneys act jointly under the power of attorney and one of them dies, becomes incapable of personal care or resigns, the remaining attorney or attorneys are authorized to act, unless the power of attorney provides otherwise.  1992, c. 30, s. 46 (5); 1996, c. 2, s. 30 (4). Conditions and restrictions (6) The power of attorney is subject to this Part, and to the conditions and restrictions that are contained in the power of attorney and are consistent with this Act.  1992, c. 30, s. 46 (6). Instructions (7) The power of attorney may contain instructions with respect to the decisions the attorney is authorized to make.  1992, c. 30, s. 46 (7). Form (8) The power of attorney need not be in any particular form.  1996, c. 2, s. 30 (5). Same (9) The power of attorney may be in the prescribed form.  1992, c. 30, s. 46 (9). (10) Repealed:  1996, c. 2, s. 30 (6). (11) Repealed:  1996, c. 2, s. 30 (6). (12) Repealed:  1996, c. 2, s. 30 (6). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 30 (1-6) - 29/03/1996 2016, c. 23, s. 70 (2)
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47 (1) A person is capable of giving a power of attorney for personal care if the person, (a) has the ability to understand whether the proposed attorney has a genuine concern for the person’s welfare; and (b) appreciates that the person may need to have the proposed attorney make decisions for the person.  1992, c. 30, s. 47 (1). Validity (2) A power of attorney for personal care is valid if, at the time it was executed, the grantor was capable of giving it even if the grantor is incapable of personal care.  1992, c. 30, s. 47 (2). Capacity to revoke (3) A person is capable of revoking a power of attorney for personal care if he or she is capable of giving one.  1992, c. 30, s. 47 (3). Capacity to give instructions (4) Instructions contained in a power of attorney for personal care with respect to a decision the attorney is authorized to make are valid if, at the time the power of attorney was executed, the grantor had the capacity to make the decision.  1992, c. 30, s. 47 (4).
48 (1) A power of attorney for personal care shall be executed in the presence of two witnesses, each of whom shall sign the power of attorney as witness.  1996, c. 2, s. 31 (1). Persons who shall not be witnesses (2) The persons referred to in subsection 10 (2) shall not be witnesses.  1992, c. 30, s. 48 (2). (3) Repealed:  1996, c. 2, s. 31 (2). Non-compliance (4) A power of attorney for personal care that does not comply with subsections (1) and (2) is not effective, but the court may, on any person’s application, declare the power of attorney for personal care to be effective if the court is satisfied that it is in the grantor’s interests to do so.  1992, c. 30, s. 48 (4); 1996, c. 2, s. 31 (3). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 31 (1-3) - 29/03/1996
49 (1) A provision in a power of attorney for personal care that confers authority to make a decision concerning the grantor’s personal care is effective to authorize the attorney to make the decision if, (a) the Health Care Consent Act, 1996 applies to the decision and that Act authorizes the attorney to make the decision; or (b) the Health Care Consent Act, 1996 does not apply to the decision and the attorney has reasonable grounds to believe that the grantor is incapable of making the decision, subject to any condition in the power of attorney that prevents the attorney from making the decision unless the fact that the grantor is incapable of personal care has been confirmed.  1996, c. 2, s. 32 (1). Method for confirmation (2) A power of attorney that contains a condition described in clause (1) (b) may specify the method for confirming whether the grantor is incapable of personal care and, if no method is specified, that fact may be confirmed by notice to the attorney in the prescribed form from an assessor stating that the assessor has performed an assessment of the grantor’s capacity and has found that the grantor is incapable of personal care.  1996, c. 2, s. 32 (1). Instructions to assessor (3) A power of attorney that contains a condition described in clause (1) (b) may require an assessor who performs an assessment of the grantor’s capacity to consider factors described in the power of attorney.  1996, c. 2, s. 32 (1). Application (4) This section applies to powers of attorney given before or after the coming into force of section 32 of the Advocacy, Consent and Substitute Decisions Statute Law Amendment Act, 1996.  1996, c. 2, s. 32 (1). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 32 (1) - 29/03/1996
51 (1) The attorney under a power of attorney for personal care shall, on the request of and on behalf of the grantor, assist in arranging an assessment of the grantor’s capacity by an assessor.  1996, c. 2, s. 32 (1). Limit (2) Subsection (1) does not require an attorney to assist in arranging an assessment if an assessment has been performed in the six months before the request.  1996, c. 2, s. 32 (1). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 32 (1) - 29/03/1996
52 (1) An attorney under a power of attorney for personal care may resign but, if the attorney has acted under the power of attorney, the resignation is not effective until the attorney delivers a copy of the resignation to, (a) the grantor; (b) any other attorneys under the power of attorney; (c) the person named by the power of attorney as a substitute for the attorney who is resigning, if the power of attorney provides for the substitution of another person; and (d) unless the power of attorney provides otherwise, the grantor’s spouse or partner and the relatives of the grantor who are known to the attorney and reside in Ontario, if the power of attorney does not provide for the substitution of another person or the substitute is not able and willing to act.  1992, c. 30, s. 52; 1996, c. 2, s. 33 (1); 2016, c. 23, s. 70 (3). Exception (1.1) Clause (1) (d) does not require a copy of the resignation to be delivered to, (a) the grantor’s spouse, if the grantor and the spouse are living separate and apart as a result of a breakdown of their relationship; or (b) a relative of the grantor, if the grantor and the relative are related only by marriage and the grantor and his or her spouse are living separate and apart as a result of a breakdown of their relationship.  1996, c. 2, s. 33 (2); 2005, c. 5, s. 65 (5); 2016, c. 23, s. 70 (2). Notice to other persons (2) An attorney who resigns shall make reasonable efforts to give notice of the resignation to persons with whom the attorney previously dealt on behalf of the grantor and with whom further dealings are likely to be required on behalf of the grantor.  1996, c. 2, s. 33 (3). Accessible format for notice of resignation (3) If an attorney has reason to believe that a person entitled to receive a copy of the attorney’s resignation needs it to be provided in an accessible format, or if the person has requested an accessible format, the attorney shall provide the person with a copy of the resignation in a format that is accessible to that person. 2016, c. 5, Sched. 27, s. 5. Explanation of resignation (4) If an attorney has reason to believe that a person entitled to receive a copy of the attorney’s resignation needs it to be explained, or if the person has requested an explanation, the attorney shall explain the effect of the resignation to the person. 2016, c. 5, Sched. 27, s. 5. Effectiveness of resignation not affected (5) Despite subsections (3) and (4), the attorney’s resignation is effective when the copies of the resignation are delivered under subsection (1). 2016, c. 5, Sched. 27, s. 5. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 33 (1-3) - 29/03/1996 2005, c. 5, s. 65 (5) - 09/03/2005 2016, c. 5, Sched. 27, s. 5 - 19/04/2016; 2016, c. 23, s. 70 (2, 3) - 01/01/2017
53 (1) A power of attorney for personal care is terminated, (a) when the attorney dies, becomes incapable of personal care or resigns, unless, (i) another attorney is authorized to act under subsection 46 (5), or (ii) the power provides for the substitution of another person and that person is able and willing to act; (b) when the court appoints a guardian for the grantor under section 55; (c) when the grantor executes a new power of attorney for personal care, unless the grantor provides that there shall be multiple powers of attorney for personal care; (d) when the power of attorney is revoked.  1992, c. 30, s. 53 (1); 1996, c. 2, s. 34 (1, 2). Execution of revocation (2) A revocation shall be in writing and shall be executed in the same way as a power of attorney for personal care.  1992, c. 30, s. 53 (2). (3) Repealed:  1996, c. 2, s. 34 (3). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 34 (1-3) - 29/03/1996 54 Repealed:  1996, c. 2, s. 35. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 35 - 29/03/1996 Court-Appointed Guardians of the Person
55 (1) The court may, on any person’s application, appoint a guardian of the person for a person who is incapable of personal care and, as a result, needs decisions to be made on his or her behalf by a person who is authorized to do so.  1992, c. 30, s. 55 (1). Prohibition (2) The court shall not appoint a guardian if it is satisfied that the need for decisions to be made will be met by an alternative course of action that, (a) does not require the court to find the person to be incapable of personal care; and (b) is less restrictive of the person’s decision-making rights than the appointment of a guardian.  1992, c. 30, s. 55 (2).
56 Part III (Procedure) applies to applications to appoint guardians of the person.  1992, c. 30, s. 56.
57 (1) A person who provides health care or residential, social, training or support services to an incapable person for compensation shall not be appointed under section 55 as his or her guardian of the person.  1992, c. 30, s. 57 (1); 1996, c. 2, s. 36 (1, 2). Exception (2) Subsection (1) does not apply to the incapable person’s spouse, partner or relative or to the following persons: 1. The incapable person’s guardian of property. 2. The attorney for personal care. 3. The attorney under a continuing power of attorney for property.  1992, c. 30, s. 57 (2); 2016, c. 23, s. 70 (2). Exception (2.1) Subsection (1) does not apply to a person if the court is satisfied that there is no other suitable person who is available and willing to be appointed.  1996, c. 2, s. 36 (3). P.G.T. (2.2) The court shall not appoint the Public Guardian and Trustee as a guardian under section 55 unless, (a) the application proposes the Public Guardian and Trustee as guardian; (b) the application is accompanied by the Public Guardian and Trustee’s written consent to the appointment; and (c) there is no other suitable person who is available and willing to be appointed.  2006, c. 19, Sched. B, s. 22 (6). Criteria (3) Except in the case of an application that is being dealt with under section 77 (summary disposition), the court shall consider, (a) whether the proposed guardian is the attorney under a continuing power of attorney for property; (b) the incapable person’s current wishes, if they can be ascertained; and (c) the closeness of the relationship of the applicant to the incapable person and, if the applicant is not the proposed guardian, the closeness of the relationship of the proposed guardian to the incapable person.  1992, c. 30, s. 57 (3); 1996, c. 2, s. 36 (4); 2009, c. 33, Sched. 2, s. 71 (7). Two or more guardians (4) The court may, with their consent, appoint two or more persons as joint guardians of the person or may appoint each of them as guardian in respect of a specified period.  1992, c. 30, s. 57 (4). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 36 (1-4) - 29/03/1996 2006, c. 19, Sched. B, s. 22 (6) - 22/06/2006 2009, c. 33, Sched. 2, s. 71 (7) - 15/12/2009 2016, c. 23, s. 70 (2)
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58 (1) An order appointing a guardian of the person shall include a finding that the person is incapable in respect of the functions referred to in section 45, or in respect of some of them, and, as a result, needs decisions to be made on his or her behalf by a person who is authorized to do so.  1992, c. 30, s. 58 (1). Contents of order (2) An order appointing a guardian may, (a) make the appointment for a limited period as the court considers appropriate; (b) impose such other conditions on the appointment as the court considers appropriate.  1992, c. 30, s. 58 (2). Full or partial guardianship (3) The order shall specify whether the guardianship is full or partial.  1992, c. 30, s. 58 (3).
59 (1) The court may make an order for full guardianship of the person only if the court finds that the person is incapable in respect of all the functions referred to in section 45.  1992, c. 30, s. 59 (1). Powers of guardian (2) Under an order for full guardianship, the guardian may, (a) exercise custodial power over the person under guardianship, determine his or her living arrangements and provide for his or her shelter and safety; (b) be the person’s litigation guardian, except in respect of litigation that relates to the person’s property or to the guardian’s status or powers; (c) settle claims and commence and settle proceedings on the person’s behalf, except claims and proceedings that relate to the person’s property or to the guardian’s status or powers; (d) have access to personal information, including health information and records, to which the person would be entitled to have access if capable, and consent to the release of that information to another person, except for the purposes of litigation that relates to the person’s property or to the guardian’s status or powers; (e) on behalf of the person, make any decision to which the Health Care Consent Act, 1996 applies; (e.1) make decisions about the person’s health care, nutrition and hygiene; (f) make decisions about the person’s employment, education, training, clothing and recreation and about any social services provided to the person; and (g) exercise the other powers and perform the other duties that are specified in the order.  1992, c. 30, s. 59 (2); 1996, c. 2, s. 37 (1); 2006, c. 19, Sched. B, s. 22 (7). Power to apprehend person (3) If the guardian has custodial power over the person and the court is satisfied that it may be necessary to apprehend him or her, the court may in its order authorize the guardian to do so; in that case the guardian may, with the assistance of a police officer, enter the premises specified in the order, between 9 a.m. and 4 p.m. or during the hours specified in the order, and search for and remove the person, using such force as may be necessary.  1992, c. 30, s. 59 (3). Matters excluded unless expressly stated (4) Unless the order expressly provides otherwise, the guardian does not have power, (a)  Repealed:  1996, c. 2, s. 37 (2). (b) to change existing arrangements in respect of custody of or access to a child, or to give consent on the person’s behalf to the adoption of a child.  1992, c. 30, s. 59 (4); 1996, c. 2, s. 37 (2). Same (5) If the order provides that the guardian has a power referred to in subsection (4), the order may specify that the power may be exercised from time to time as the need arises.  1992, c. 30, s. 59 (5); 1996, c. 2, s. 37 (3). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 37 (1-3) - 29/03/1996 2006, c. 19, Sched. B, s. 22 (7) - 22/06/2006
59.1 Any person who has personal information about an incapable person to which the incapable person would be entitled to have access if capable, including health information and records, shall disclose it to the incapable person’s guardian of the person on request if the guardian has the power referred to in clause 59 (2) (d).  2006, c. 19, Sched. B, s. 22 (8). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. B, s. 22 (8) - 22/06/2006
60 (1) The court may make an order for partial guardianship of the person for an incapable person if it finds that he or she is incapable in respect of some but not all of the functions referred to in section 45.  1992, c. 30, s. 60 (1). Same (2) The order shall specify in respect of which functions the person is found to be incapable.  1992, c. 30, s. 60 (2). Powers of guardian (3) Under an order for partial guardianship, the guardian may exercise those of the powers set out in subsections 59 (2), (3), (4) and (5) that are specified in the order.  1996, c. 2, s. 38. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 38 - 29/03/1996
61 (1) The court may vary an order appointing a guardian of the person under section 55 or substitute another person as guardian, on motion in the proceeding in which the guardian was appointed.  1996, c. 2, s. 39. Who may make motion (2) A motion under subsection (1) may be made by the guardian, the applicant in the proceeding in which the guardian was appointed, or any person who was entitled under section 69 to be served with notice of that proceeding.  1996, c. 2, s. 39. Motion to vary (3) Subsections 69 (4) to (9) and section 77 apply, with necessary modifications, to a motion to vary an order.  1996, c. 2, s. 39. Motion to substitute (4) Subsection 69 (3), subsections 69 (5) to (9), subsection 70 (2) and section 77 apply, with necessary modifications, to a motion to substitute another person as guardian.  1996, c. 2, s. 39. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 39 - 29/03/1996 Temporary guardian, court appointment
63 (1) The court may terminate a guardianship created under section 55, on motion in the proceeding in which the guardian was appointed.  1996, c. 2, s. 41. Who may make motion (2) A motion under subsection (1) may be made by the guardian, the applicant in the proceeding in which the guardian was appointed, or any person who was entitled under section 69 to be served with notice of that proceeding.  1996, c. 2, s. 41. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 41 - 29/03/1996
64 In a motion to terminate a guardianship or temporary guardianship, the court may suspend the powers of the guardian or temporary guardian.  1996, c. 2, s. 41. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 41 - 29/03/1996
65 Part III (Procedure) applies to motions to terminate guardianships of the person.  1992, c. 30, s. 65; 1996, c. 2, s. 42. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 42 - 29/03/1996 Duties of Guardians of the Person and Attorneys for Personal Care
67 (1) Section 66, except subsections 66 (15) and (16), applies with necessary modifications to an attorney who acts under a power of attorney for personal care.  1996, c. 2, s. 44. Application of s. 59.1 (2) Section 59.1 applies, with necessary modifications, to an attorney who acts under a power of attorney for personal care if there has been a finding that the grantor is incapable of personal care. 2023, c. 9, Sched. 35, s. 2. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 44 - 29/03/1996 2023, c. 9, Sched. 35, s. 2 - 08/06/2023
68 (1) If an incapable person has a guardian of the person or an attorney under a power of attorney for personal care, the court may give directions on any question arising in the guardianship or under the power of attorney.  1996, c. 2, s. 44. Form of request (2) A request for directions shall be made, (a) on application, if no guardian of the person has been appointed under section 55 or 62; or (b) on motion in the proceeding in which the guardian was appointed, if a guardian of the person has been appointed under section 55 or 62.  1996, c. 2, s. 44. Applicant; moving party (3) An application or motion under this section may be made by the incapable person’s guardian of the person, attorney under a power of attorney for personal care, dependant, guardian of property or attorney under a continuing power of attorney, by the Public Guardian and Trustee, or by any other person with leave of the court.  1996, c. 2, s. 44. Order (4) The court may by order give such directions as it considers to be for the benefit of the person and consistent with this Act.  1996, c. 2, s. 44. Variation of order (5) The court may, on motion by a person referred to in subsection (3), vary the order.  1996, c. 2, s. 44. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 44 - 29/03/1996 PART III   PROCEDURE IN GUARDIANSHIP APPLICATIONS Service of notices
70 (1) An application to appoint a guardian of property shall be accompanied by, (a) the proposed guardian’s consent; (b) if the proposed guardian is not the Public Guardian and Trustee, a plan of management for the property, in the prescribed form; and (c) a statement signed by the applicant, (i) indicating that the person alleged to be incapable has been informed of the nature of the application and the right to oppose the application, and describing the manner in which the person was informed, or (ii) if it was not possible to give the person alleged to be incapable the information referred to in subclause (i), describing why it was not possible.  1992, c. 30, s. 70 (1); 1996, c. 2, s. 46 (1). Application to appoint guardian of the person (2) An application to appoint a guardian of the person shall be accompanied by, (a) the proposed guardian’s consent; (b) if the proposed guardian is not the Public Guardian and Trustee, a guardianship plan, in the prescribed form; and (c) a statement signed by the applicant, (i) indicating that the person alleged to be incapable has been informed of the nature of the application and the right to oppose the application, and describing the manner in which the person was informed, or (ii) if it was not possible to give the person alleged to be incapable the information referred to in subclause (i), describing why it was not possible.  1992, c. 30, s. 70 (2); 1996, c. 2, s. 46 (2). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 46 (1, 2) - 29/03/1996 Optional documents
71 (1) An application to appoint a guardian of the person may also be accompanied by one or more statements, each made in the prescribed form by a person who knows the person alleged to be incapable and has been in personal contact with him or her during the twelve months before the notice of application was issued.  1992, c. 30, s. 71 (1). Motion to terminate guardianship of the person (2) A motion to terminate a guardianship of the person may be accompanied by one or more statements, each made in the prescribed form by a person who knows the person under guardianship and has been in personal contact with him or her during the twelve months before the notice of motion was filed with the court.  1992, c. 30, s. 71 (2); 1996, c. 2, s. 47. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 47 - 29/03/1996
72 (1) If the applicant wishes an application to appoint a guardian of property to be dealt with under section 77 (summary disposition), it shall also be accompanied by two statements made in the prescribed form, one by an assessor and the other by an assessor or by a person who knows the person alleged to be incapable and has been in personal contact with him or her during the twelve months before the notice of application was issued.  1992, c. 30, s. 72 (1). Contents of statements (2) Each statement shall, (a) indicate that its maker is of the opinion that the person is incapable of managing property, and set out the facts on which the opinion is based; and (b) indicate that its maker can expect no direct or indirect pecuniary benefit as the result of the appointment of a guardian of property.  1992, c. 30, s. 72 (2). Same (3) The statement may also indicate that its maker is of the opinion that it is necessary for decisions to be made on the person’s behalf by a person who is authorized to do so and, in that case, shall set out the facts on which the opinion is based.  1992, c. 30, s. 72 (3). Assessment (4) A statement made by an assessor may be used for the purpose of subsection (1) only if, (a) the statement indicates that the assessor performed an assessment of the person’s capacity and specifies the date on which the assessment was performed; and (b) the assessment was performed during the six months before the notice of application was issued.  1996, c. 2, s. 48. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 48 - 29/03/1996
73 (1) If the moving party wishes a motion to terminate a guardianship of property to be dealt with under section 77 (summary disposition), it shall be accompanied by two statements made in the prescribed form, one by an assessor and the other by an assessor or by a person who knows the person whose property is under guardianship and has been in personal contact with him or her during the twelve months before the notice of motion was filed with the court.  1992, c. 30, s. 73 (1); 1996, c. 2, s. 49 (1). Contents of statements (2) Each statement shall, (a) indicate that the maker of the statement is of the opinion that the person is capable of managing property, and set out the facts on which the opinion is based; and (b) indicate that the maker of the statement can expect no direct or indirect pecuniary benefit as the result of the termination of the guardianship.  1992, c. 30, s. 73 (2). Assessment (3) A statement made by an assessor may be used for the purpose of subsection (1) only if, (a) the statement indicates that the assessor performed an assessment of the person’s capacity and specifies the date on which the assessment was performed; and (b) the assessment was performed during the six months before the notice of motion was filed with the court.  1996, c. 2, s. 49 (2). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 49 (1, 2) - 29/03/1996
74 (1) If the applicant wishes an application to appoint a guardian of the person to be dealt with under section 77 (summary disposition), the application shall also be accompanied by two statements, each made in the prescribed form by an assessor.  1992, c. 30, s. 74 (1). Contents of statement (2) Each statement shall indicate that its maker is of the opinion that the person is incapable in respect of the functions referred to in section 45 (personal care), or in respect of some of them, and shall set out the facts on which the opinion is based.  1992, c. 30, s. 74 (2). Same (3) The statement may also indicate that its maker is of the opinion that the person needs decisions to be made on his or her behalf by a person who is authorized to do so and, in that case, shall set out the facts on which the opinion is based.  1992, c. 30, s. 74 (3). Same (4) Each statement shall, (a)  Repealed:  1996, c. 2, s. 50 (1). (b) contain an evaluation of the nature and extent of the person’s incapacity, setting out the facts on which the evaluation is based.  1992, c. 30, s. 74 (4); 1996, c. 2, s. 50 (1). Assessment (5) A statement may be used for the purpose of subsection (1) only if, (a) the statement indicates that the assessor performed an assessment of the person’s capacity and specifies the date on which the assessment was performed; and (b) the assessment was performed during the six months before the notice of application was issued.  1996, c. 2, s. 50 (2). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 50 (1, 2) - 29/03/1996
75 (1) If the moving party wishes a motion to terminate a guardianship of the person to be dealt with under section 77 (summary disposition), the motion shall also be accompanied by two statements, each made in the prescribed form by an assessor.  1992, c. 30, s. 75 (1); 1996, c. 2, s. 51 (1). Contents of statements (2) Each statement shall indicate that its maker is of the opinion that the person is capable of personal care, and shall set out the facts on which the opinion is based.  1992, c. 30, s. 75 (2). Assessment (3) A statement may be used for the purpose of subsection (1) only if, (a) the statement indicates that the assessor performed an assessment of the person’s capacity and specifies the date on which the assessment was performed; and (b) the assessment was performed during the six months before the notice of motion was filed with the court.  1996, c. 2, s. 51 (2). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 51 (1, 2) - 29/03/1996 76 Repealed:  1996, c. 2, s. 52. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 52 - 29/03/1996
77 (1) In an application to appoint a guardian of property or guardian of the person or a motion to terminate a guardianship of property or guardianship of the person, the court may, in the circumstances described in subsection (2), make an order without anyone appearing before it and without holding a hearing.  1996, c. 2, s. 53. Same (2) The registrar of the court shall submit the notice of application or notice of motion, and the accompanying documents, to a judge of the court if, (a) in the case of an application, the applicant certifies in writing that, (i) no person has delivered a notice of appearance, (ii) the documents required by this Part accompany the application, (iii) in the case of an application to appoint a guardian of property, at least one of the statements referred to in section 72 indicates that its maker is of the opinion that it is necessary for decisions to be made on the person’s behalf by a person who is authorized to do so, and (iv) in the case of an application to appoint a guardian of the person, at least one of the statements referred to in section 74 indicates that its maker is of the opinion that the person needs decisions to be made on his or her behalf by a person who is authorized to do so; (b) in the case of a motion, the moving party certifies in writing that, (i) the documents required by this Part accompany the motion, and (ii) every person entitled to be served with the notice of motion has filed with the court a statement indicating that they do not intend to appear at the hearing of the motion.  1996, c. 2, s. 53. Order (3) On considering the application or motion, the judge may, (a) grant the relief sought; (b) require the parties or their counsel to adduce additional evidence or make representations; or (c) order that the application or motion proceed to a hearing or order the trial of an issue, and give such directions as the judge considers just.  1996, c. 2, s. 53. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 53 - 29/03/1996 PART IV   MISCELLANEOUS
78 (1) An assessor shall not perform an assessment of a person’s capacity if the person refuses to be assessed.  1996, c. 2, s. 54. Information to be provided (2) Before performing an assessment of capacity, the assessor shall explain to the person to be assessed, (a) the purpose of the assessment; (b) the significance and effect of a finding of capacity or incapacity; and (c) the person’s right to refuse to be assessed.  1996, c. 2, s. 54. Application (3) Subsections (1) and (2) do not apply to an assessment if, (a) the assessment was ordered by the court under section 79; or (b) a power of attorney for personal care contains a provision that authorizes the use of force to permit the assessment and the provision is effective under subsection 50 (1).  1996, c. 2, s. 54. Use of prescribed form (4) An assessor who performs an assessment of a person’s capacity shall use the prescribed form in performing the assessment.  1996, c. 2, s. 54. Notice of findings (5) An assessor who performs an assessment of a person’s capacity shall give the person written notice of the assessor’s findings.  1996, c. 2, s. 54. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 54 - 29/03/1996
79 (1) If a person’s capacity is in issue in a proceeding under this Act and the court is satisfied that there are reasonable grounds to believe that the person is incapable, the court may, on motion or on its own initiative, order that the person be assessed by one or more assessors named in the order, for the purpose of giving an opinion as to the person’s capacity.  1992, c. 30, s. 79 (1). Same (2) The order may require the person, (a) to submit to the assessment; (b) to permit entry to his or her home for the purpose of the assessment; (c) to attend at such other places and at such times as are specified in the order.  1992, c. 30, s. 79 (2). Place of assessment (3) The order shall specify the place or places where the assessment is to be performed.  1992, c. 30, s. 79 (3). Same (4) If possible, the assessment shall be performed in the person’s home.  1992, c. 30, s. 79 (4). Health facility (5) An order that specifies a health facility as the place where the assessment is to be performed authorizes the person’s admission to the facility for the purpose of the assessment.  1992, c. 30, s. 79 (5).
80 (1) When an order for an assessment has been made, the court may, on motion, make an order restraining a person other than the one whose capacity is in issue from hindering or obstructing the assessment.  1992, c. 30, s. 80 (1). (2) Repealed:  1996, c. 2, s. 55. Notice to person (3) The party moving for the restraining order shall serve notice of the motion on the person against whom the order is sought.  1992, c. 30, s. 80 (3). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 55 - 29/03/1996
81 (1) When an order for an assessment has been made under section 79, the court may, on motion, order the applicant in the proceeding in which the person’s capacity is in issue, together with a police officer, to apprehend the person, take him or her into custody and bring him or her to a specified place to be assessed there, if the court is satisfied that, (a) the assessor named in the order under section 79 has made all efforts that are reasonable in the circumstances to assess the person; (b) the assessor was prevented from assessing the person by the actions of the person or of others; (c) a restraining order is not appropriate in the circumstances, or has already been used without success; and (d) there is no less intrusive means of permitting the assessment to be performed than an order under this subsection.  2006, c. 19, Sched. B, s. 22 (9). Duration of order (2) The order is valid for seven days.  2006, c. 19, Sched. B, s. 22 (9). Execution of order (3) The person named in the order and a police officer may enter the place specified in the order, between 9 a.m. and 4 p.m. or during the hours specified in the order, and may search for and remove the person, using such force as may be necessary.  2006, c. 19, Sched. B, s. 22 (9). Health facility (4) An order under subsection (1) that specifies a health facility as the place where the assessment is to be conducted authorizes the person’s admission to the facility and his or her detention there, for the purpose of the assessment.  2006, c. 19, Sched. B, s. 22 (9). Restrictions (5) The person shall not be held in custody longer than is necessary for the purpose of the assessment, and in any case not for a period exceeding 72 hours, and while in custody shall not be confined in a manner that exceeds what is necessary for the purpose of the assessment.  2006, c. 19, Sched. B, s. 22 (9). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 56 - 29/03/1996 2006, c. 19, Sched. B, s. 22 (9) - 22/06/2006
84 For the purposes of this Act, a statement in the prescribed form that purports to be signed by its maker is admissible in evidence without proof of his or her signature, office or professional qualifications.  1992, c. 30, s. 84.
85 (1) As regards the manner and formalities of executing a continuing power of attorney or power of attorney for personal care, the power of attorney is valid if at the time of its execution it complied with the internal law of the place where, (a) the power of attorney was executed; (b) the grantor was then domiciled; or (c) the grantor then had his or her habitual residence.  1992, c. 30, s. 85 (1). “Internal law” (2) For the purpose of subsection (1), “internal law”, in relation to any place, excludes the choice of law rules of that place.  1992, c. 30, s. 85 (2). Revocation (3) Subsections (1) and (2) apply with necessary modifications to the revocation of a continuing power of attorney or power of attorney for personal care.  1992, c. 30, s. 85 (3). Legal requirements outside Ontario (4) If, under this section or otherwise, a law in force outside Ontario is to be applied in relation to a continuing power of attorney or a power of attorney for personal care, the following requirements of that law shall be treated, despite any rule of that law to the contrary, as formal requirements only: 1. Any requirement that special formalities be observed by grantors answering a particular description. 2. Any requirement that witnesses to the execution of the power of attorney possess certain qualifications.  1992, c. 30, s. 85 (4). Alteration in law (5) In determining for the purposes of this section whether or not the execution of a continuing power of attorney or power of attorney for personal care conforms to a particular law, regard shall be had to the formal requirements of that law at the time the power of attorney was executed, but account shall be taken of an alteration of law affecting powers of attorney executed at that time if the alteration enables the power of attorney to be treated as properly executed.  1992, c. 30, s. 85 (5). Application (6) This section applies to a continuing power of attorney or power of attorney for personal care executed either in or outside Ontario.  1992, c. 30, s. 85 (6).
86 (1) In this section, “foreign order” means an order made by a court outside Ontario that appoints, for a person who is sixteen years of age or older, a person having duties comparable to those of a guardian of property or guardian of the person.  1992, c. 30, s. 86 (1). Resealing (2) Any person may apply to the court for an order resealing a foreign order that was made in a province or territory of Canada or in a prescribed jurisdiction.  1992, c. 30, s. 86 (2). Certificate from foreign court (3) An order resealing a foreign order shall not be made unless the applicant files with the court, (a) a copy of the foreign order bearing the seal of the court that made it or a copy of the foreign order certified by the registrar, clerk or other officer of the court that made it; and (b) a certificate signed by the registrar, clerk or other officer of the court that made the foreign order stating that the order is unrevoked and of full effect.  1992, c. 30, s. 86 (3). Effect of resealing (4) A foreign order that has been resealed, (a) has the same effect in Ontario as if it were an order under this Act appointing a guardian of property or guardian of the person, as the case may be; (b) is subject in Ontario to any condition imposed by the court that the court may impose under this Act on an order appointing a guardian of property or guardian of the person, as the case may be; and (c) is subject in Ontario to the provisions of this Act respecting guardians of property or guardians of the person, as the case may be.  1992, c. 30, s. 86 (4).
87 (1) The Public Guardian and Trustee may appoint volunteers to provide advice and assistance under this Act.  1996, c. 2, s. 58. Protection from liability (2) No proceeding for damages shall be instituted against a volunteer appointed under this section for any act done in good faith in the execution or intended execution of the volunteer’s powers and duties or for any alleged neglect or default in the execution in good faith of the volunteer’s powers or duties.  1996, c. 2, s. 58. Same (3) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (2) does not relieve the Crown of any liability to which the Crown would otherwise be subject.  1996, c. 2, s. 58; 2019, c. 7, Sched. 17, s. 162. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 58 - 29/03/1996 2019, c. 7, Sched. 17, s. 162 - 01/07/2019
88 The Public Guardian and Trustee may mediate, (a) a dispute that arises between a person’s guardian of property or attorney under a continuing power of attorney and the person’s guardian of the person or attorney for personal care, if the dispute arises in the performance of their duties; (b) a dispute that arises between joint attorneys under a person’s continuing power of attorney or power of attorney for personal care, if the dispute arises in the performance of their duties; or (c) a dispute that arises between joint guardians of property or joint guardians of the person, if the dispute arises in the performance of their duties.  1996, c. 2, s. 58. Section Amendments with date in force (d/m/y) 1996, c. 2, s. 58 - 29/03/1996 Offences
89 (1) No person shall hinder or obstruct, (a) a person who is conducting an assessment ordered under section 79, or is seeking to do so; (b) a person who is exercising a power of entry conferred by subsection 82 (2), or is seeking to do so.  1992, c. 30, s. 89 (1); 1996, c. 2, s. 59 (1). Penalty (2) A person who contravenes subsection (1) is guilty of an offence and is liable, on conviction, to a fine not exceeding $5,000.  1992, c. 30, s. 89 (2). Exception (3) Subsection (1) does not apply to, (a) the person who is the subject of the order for assessment; or (b) the person in respect of whom the power of entry is being exercised or is sought to be exercised.  1992, c. 30, s. 89 (3); 1996, c. 2, s. 59 (2). Offence: restraining order (4) A person who contravenes a restraining order made under subsection 80 (1) is guilty of an offence and is liable, on conviction, to a fine not exceeding $5,000.  1992, c. 30, s. 89 (4). Offence: false statement (5) No person shall, in a statement made in a prescribed form, assert something that he or she knows to be untrue or profess an opinion that he or she does not hold.  1992, c. 30, s. 89 (5). Penalty (6) A person who contravenes subsection (5) is guilty of an offence and is liable, on conviction, to a fine not exceeding $10,000.  1992, c. 30, s. 89 (6). Offence: personal information (7) A person who obtains personal information under the authority of a regulation made under subclause 90 (1) (e.4) (ii) and who contravenes a regulation made under clause 90 (1) (e.5) is guilty of an offence and is liable, on conviction, to a fine not exceeding $10,000.  1996, c. 2, s. 59 (3). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 59 (1-3) - 29/03/1996
91 Subject to subsections 46 (10) and (11), if a power of attorney for personal care is made in accordance with this Act before this Act comes into force, the power of attorney takes effect when this Act comes into force.  1992, c. 30, s. 91. Note:  A transitional provision to the
Advocacy, Consent and Substitute Decisions Statute Law Amendment Act, 1996 provided that nothing in that Act invalidated a power of attorney given before March 29, 1996.  See:  1996, c. 2, s. 77. 92 Omitted (provides for coming into force of provisions of this Act).  1992, c. 30, s. 92. 93 Omitted (enacts short title of this Act).  1992, c. 30, s. 93. schedule Subsection 1 (1) – “Facility” 

    

  Alcoholism and Drug Addiction Research Foundation Act 

  Child, Youth and Family Services Act, 2017 

  Homes for Special Care Act 

  Integrated Community Health Services Centres Act, 2023 

  Fixing Long-Term Care Act, 2021 

  Mental Health Act 

  Ministry of Community and Social Services Act 

  Ministry of Correctional Services Act 

  Ministry of Health and Long-Term Care Act 

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  Public Hospitals Act Note: On a day to be named by proclamation of the Lieutenant Governor, the Schedule to the Act is amended by adding “Correctional Services and Reintegration Act, 2018” and by striking out “Ministry of Correctional Services Act”. (See: 2018, c. 6, Sched. 3, s. 14) Note: On a day to be named by proclamation of the Lieutenant Governor, the Schedule to the Act is amended by adding “Connecting Care Act, 2019”. (See: 2019, c. 5, Sched. 3, s. 23 (2)) 1992, c. 30, Sched.; 2001, c. 13, s. 30; 2006, c. 19, Sched. B, s. 22 (11); 2007, c. 8, s. 229; 2008, c. 14, s. 59 (2); 2009, c. 33, Sched. 18, s. 33; 2017, c. 14, Sched. 4, s. 34; 2017, c. 25, Sched. 8, s. 3; 2019, c. 5, Sched. 3, s. 23 (1); 2021, c. 4, Sched. 8, s. 4; 2021, c. 39, Sched. 2, s. 27; 2023, c. 4, Sched. 1, s. 85. Section Amendments with date in force (d/m/y) 2001, c. 13, s. 30 (1, 2) - 30/11/2001 2006, c. 19, Sched. B, s. 22 (11) - 22/06/2006 2007, c. 8, s. 229
- 01/07/2010 2008, c. 14, s. 59 (2) - 01/01/2011 2009, c. 33, Sched. 18, s. 33 - 15/12/2009 2017, c. 14, Sched. 4, s. 34 - 30/04/2018; 2017, c. 25, Sched. 8, s. 3 - 31/03/2018; 2017, c. 25, Sched. 9, s. 120 (1, 2) - no effect - see 2023, c. 4, Sched. 1, s. 67 - 18/05/2023 2018, c. 6, Sched. 3, s. 14 - not in force 2019, c. 5, Sched. 3, s. 23 (1) - 01/04/2020; 2019, c. 5, Sched. 3, s. 23 (2) - not in force 2021, c. 4, Sched. 8, s. 4 - 19/04/2021; 2021, c. 39, Sched. 2, s. 27 - 11/04/2022 2023, c. 4, Sched. 1, s. 85 - 25/09/2023 ______________  Français