Sometimes, I am asked to represent clients whom either a hospital or relatives allege are unable to voluntarily make decisions about their mental health or even even about their finances. Here (click to view) is a successful decision that went in my clients favour recently.
Names of the doctor etc. have been redacted to protect privacy.
Generally, these cases are challenging to win. It is important to show that at the time of the decision being made, the client was able to understand the consequences of treatment and about their own mental health. The test is also the same for financial competence: their ability to understand their own finances and what they are administering.
In the attached case the client was convincingly able to tell the board that he was able to understand about his mental health situation as well as about the consequences of not following a doctors directive. Similarly, he was able to rationally, logically and clearly explain to the board about his finances, including the mortgage and other banking details.
But this did not happen just at the time of the hearing. It happened because, as the lawyer, I took the time and effort to speak to the client in detail, obtain his story and to ensure that it all made sense before the hearing occurred. In other words, as the lawyer, I spent a lot of time with the client to help with the clients success in this decision.
Rather, than the general matrimonial or criminal case that I often share through my blog, I thought I should share this case as something different.
At Shankar law, we are happy to welcome a variety of clientele to our physical offices in Owen Sound, Wiarton and Port Elgin and, of course, virtually all over Ontario.