4. Learn what to do if the person’s wishes are not clear
Question & Answer
How do I make health-care decisions for someone?Sometimes it's not clear what the person would want. Or you may believe that the person's wishes would now be different. For example, this could happen if:
- there's new information about treatment, or
- the person's health changes in a way that they did not expect when they made their wishes.
You can ask the Consent and Capacity Board to decide what the person's wishes would be in this situation.
You apply to the Board and have a hearing. It does not cost you anything to do this.
Apply to the Board
You can apply to the Board if:
- the person's wishes are not clear,
- you're not sure if their wishes apply to the situation, or
- you do not know if the person was 16 or older and when they stated what their wishes were.
You can also apply if you want to go against the person’s wishes because:
- you think their situation has changed a lot,
- they'd want something different if they were mentally capable, and
- the proposed treatment is much better given their situation.
The Board decides if the person was clear about their wishes or if their wishes should apply.
If the Board decides the wishes were not clear or should not apply, they must tell you what to do. They base this on what the law says and what they think is in the person's best interests.
How to apply
To apply for a hearing with the Board, you must fill out and send in a form. It does not cost you anything to do this.
If you want the Board to tell you what to do about the person's wishes, use Form D.
If you want to go against the person's wishes, use Form E.
Send the form in by email to ccb@ontario.ca or by fax to 1-866-777-7273.
You can hire a lawyer to help you apply to the Board and go to the hearing with you. You can also apply and go to the hearing on your own.
At the hearing
After the Board gets your application form, it sets a date for the hearing. The hearing must happen within 7 days of when the Board gets your application. It can be longer than this if you and the doctor agree to a later date.
Most Board hearings are held over the phone or by video conference using Zoom.
The person you're making decisions for can go to the hearing if they want to. And they can go with or without a lawyer.
If they want a lawyer, the Board can ask Legal Aid Ontario to get them one for free to go to the hearing with them.
If they want a lawyer but do not want to go to the hearing, their lawyer will go for them.
Witnesses and documents
You or your lawyer can:
- bring witnesses and ask questions to other witnesses
- send documents to the Board to explain why they should let you go against the person's wishes
Usually, you must get the documents to the Board at least 15 minutes before your hearing. But the Board may ask for them sooner or you and the doctor may agree on a different deadline.
The Board's decision
The Board decides on the same day as the hearing. If you do not agree with the decision, you can appeal to the Superior Court of Justice.
Appeals are complicated, so it's important to get a lawyer to help you.
