Yes they can—if they have the “capacity” to do so. Ontario law does not recognize a minimum age for making one’s own health care decisions, just as it does not recognize a maximum. If a person has the ability to understand relevant information and the ability to appreciate the consequences of a decision, he or she is capable. But, can an 11 year old girl have an appreciation of a life and death decision? And, what are her parents’ obligations to her if she cannot? These are the consent and capacity questions health care professionals — and health law lawyers — deal with every day.
