When Is a Senior No Longer Capable of Making Their Own Decisions?

 

A friend (thank you, David Day QC) recently sent me a really excellent article about seniors who are deemed incapable and how they fare when others make decisions for them. Sometimes all works as well as can be hoped, but in other cases, seniors are put into a care facility or lose the right to manage their own money when such measures aren't needed.

An important point raised in the article is that some of our legal mechanisms, such as Enduring Powers of Attorney and Adult Guardianships, strip the seniors of the legal ability to make their own decisions whether they like it or not, and in some cases, whether they need it or not. I have always tried to emphasize that legal remedies such as these should be used only as much as is actually needed, and that caregivers should not impose help that is not needed or wanted. Being old doesn't mean you no longer have any rights.

Determining mental capacity is not easy and, as the article points out, there are no precise ways to measure it. But our population in Canada is aging and we need to understand how to deal with family members who may be living with diminished capacity.

The article is by Sharon J. Riley and appears in The Walrus. Click here to read it.