Designated Capacity Assessors are appointed and re-designated by the Ministry of the Attorney General (Ontario) to complete assessments under the Substitute Decision Act, 1992 (SDA, 1992). Letters of opinion regarding capacity on non-formalized assessments under the SDA, 1992, but rather are an assessment and letter which outlines the author's opinion; they are typically completed by those with expertise and experience in capacity assessment and utilized by individuals/legal counsel in various proceedings. Read below to learn more.
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General
General
Adrian Smith RSW is a Designated Capacity Assessor under the Substitute Decisions Act, 1992, and presently undertakes property (financial) assessments including those for invoking an existing power of attorney, or for initiating court-appointed or statutory guardianship in Ontario. ActionABLE does not conduct Capacity Assessments for Personal Care at this time.
Adrian can also provide Letters of Opinion related to testamentary capacity, capacity to instruct counsel, capacity to grant/revoke a power of attorney for property, and capacity to manage property that does not fall under the SDA, 1992. These assessments are not formalized assessments under the SDA, 1992, but rather are an assessment and letter which outlines the author's opinion; they are typically completed by those with expertise and experience in capacity assessment and utilized by individuals/legal counsel in various proceedings.
Property capacity assessments and letters of opinion provided by ActionABLE do not assess a persons capacity to make health care decisions, nor to accept/decline admission to long-term care. Further individuals admitted to a facility under the Mental Health Act, 1990, may be more appropriately assessed by the physician(s) at said facility. For more info, send an email to info@action-able.ca , or read more at: Ontario: Mental Capacity
It is recommended that you seek your own independent legal counsel for advice before proceeding with an assessment. The Law Society of Ontario can refer you to legal counsel "who will provide a free consultation of up to 30 minutes to help you determine your rights and options" at their Law Society Referral Service. ActionABLE is unable to provide you legal advice.
Financial assistance for SDA, 1992 assessments exists through the Ministry of the Attorney General for those who meet specific criteria; more information can be garnered by emailing CAO@ontario.ca
Assessments & Fees
Assessments & Fees
Statutory Guardianship Assessments for Property (SDA, 1992 s. 16/s. 20 ) - $1200 + travel expenses*
Statutory Guardianship Assessments for Property (SDA, 1992 s. 16/s. 20 ) - $1200 + travel expenses*
Includes assessments for appointment of statutory guardianship (s. 16), and termination of statutory guardianship for property (s. 20).
Effecting Power of Attorney for Property (SDA, 1992 s. 9) - $1200 + travel expenses*
Effecting Power of Attorney for Property (SDA, 1992 s. 9) - $1200 + travel expenses*
Includes assessments for effecting power of attorney for property (s. 9).
Court Applications/Orders for Property (SDA, 1992 s. 22/s. 27/s. 28/s. 72/s. 73/s. 79) - $1500 + travel expenses*
Court Applications/Orders for Property (SDA, 1992 s. 22/s. 27/s. 28/s. 72/s. 73/s. 79) - $1500 + travel expenses*
Includes assessments for court applications for guardianship for property (s. 22/s. 72), temporary guardianship for property (s. 27), termination of court-appointed guardianship for property (s. 28/s. 73), and court-ordered assessment for property (s. 79).
Letter of Opinion - $1500 + travel expenses*
Letter of Opinion - $1500 + travel expenses*
Includes letter of opinion for a person's testamentary capacity, capacity to instruct counsel related to property, capacity to grant/revoke a power of attorney for property, and capacity to manage property that does not fall under the SDA, 1992.
* All assessments/letters of opinion are billed as a flat-rate based on the estimated amount of time to complete documentation retrieval and review, interview preparation, the interview(s) itself, documentation of reports and any administrative tasks related to the assessment/letter of opinion. Note that the above fees are exclusive of any appearances before a court, tribunal, board, or other legal entity and are billed at the hourly clinical rate of $125.00 to the requestor. In addition, all assessments/letters of opinion will also include travel expenses including a kilometric rate and travel time rate of 50% of the hourly clinical rate. In rare circumstances that the interview requires distant travel hotel/meal/incidental expenses may also be added.Useful Links
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