“Capacity Test” — To determine whether one is capable of making decisions for oneself, the Supreme Court set out a two-part test. In the 2003 case Starson v. Swayze, the court calls for determinations of:
- Is the person able to understand the information relevant to making a treatment decision; and
- Is the person able to appreciate the reasonably foreseeable consequences of his or her decision.
Anten v. Bhalerao, 2013 ONCA 499 (CanLII)