Legal Word of the Day: “Capacity Test”

Image: Adi Ron

Image: Adi Ron

“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:

  1. Is the person able to understand the information relevant to making a treatment decision; and
  2. Is the person able to appreciate the reasonably foreseeable consequences of his or her decision.

Related Case:

Anten v. Bhalerao, 2013 ONCA 499 (CanLII)

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