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LCO Releases Interim Report on Legal Capacity, Decision-Making And Guardianship

The Law Commission of Ontario released its interim report on Legal Capacity, Decision-making and Guardianship. Link to the report.  A copy of the release is posted below. Please note the feedback request and deadline (emphasis added).


TORONTO, January 11, 2016 — The Law Commission of Ontario (LCO) today released its Interim Report on Legal Capacity, Decision-making and Guardianship for public feedback. The Interim Report includes draft recommendations designed to respond to concerns about Ontario’s laws addressing situations where decisions are needed but decision-making abilities are at issue. In particular, there are concerns about misuse or abuse of powers of attorney, inappropriate or excessive intervention in the lives of persons with disabilities that may affect their decision-making abilities, the means available to individuals and families to enforce rights or resolve disputes in this area, and the effective implementation of these laws. 

The LCO encourages feedback from members of the public, including older adults and persons with disabilities, family members, service providers, policy-makers, lawyers and advocates, until Friday, March 4, 2016, as part of its public consultation process.  The LCO anticipates releasing a Final Report in 2017.  

The LCO’s analysis and draft recommendations in this project build on principles developed in its previous work on law, aging and disability, and seek to take into account the diversity of needs, circumstances and perspectives of those affected by this area of the law.  “Laws in this area have a profound impact on the dignity, autonomy, security and inclusion of older adults and persons with disabilities,” said Bruce Elman, chair of the LCO’s Board of Governors. “Reforms to this area of the law have the potential to make a significant difference in the lives of many Ontarians.”

Launched in September 2007, the LCO is funded by the Law Foundation of Ontario, the Ministry of the Attorney General, Osgoode Hall Law School and the Law Society of Upper Canada, and is also supported by Ontario’s law schools. It receives funding and in-kind assistance from York University. Housed in the Ignat Kaneff Building, home of Osgoode Hall Law School, York University, the LCO operates independently of government to recommend law reforms to enhance access to justice.


Lauren Bates, Senior Lawyer
(416) 650-8406





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