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National > Abuse of Older Adults > Losing Decision-Making Power:

My grandmother lives with my uncle and is worried that he is going to place her in a seniors' home against her wishes. She has told him that she does not want to go, but he says he is going to get the power to make those decisions for her. Can he do this?

As long as your grandmother is fully capable of making her own decisions, she cannot be forced to live somewhere that she does not want to live.

When people become incapable of managing their own affairs, it is possible for others to apply to have the authority to make personal and financial decisions for them. Every province has a law that allows for such a process. The law may be called different names in different areas, for example, in Alberta, it is the Dependant Adults Act; in Ontario, it is the Substitute Decisions Act; in New Brunswick, it is the Infirm Persons Act; and in Quebec, it is included within the Civil Code as Protective Supervision. The persons appointed to make the decisions for the incapable person might be called guardians, trustees, curators, or a committee. The laws are not specific to seniors and can be applied to anyone.

The laws in each province will be different in their specific requirements, but generally no one will be given decision-making authority over another unless it is determined by a medical opinion that the person is incapable of making his or her own decisions. The only situation in which this requirement might be waived is in an emergency situation where the medical report cannot be obtained quickly enough and there is immediate danger to the physical or mental health of the person. Even in an emergency case, there would likely be a review once the immediate crisis was over.

 


WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.

January 2006
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