Aging and the Law: Substitute Decisions, Consent & Capacity

Welcome to "Aging & Law: Substitute Decision-Making, Consent & Capacity," a vital component of the comprehensive "Aging in the Law" series. Created and presented by Dr. Laura Watts, former National Director of the Canadian Centre for Elder Law, this course is designed for professionals seeking a clear, practical understanding of the legal intricacies involved in serving older clients.

In this crucial section, we delve into the complexities surrounding a client's decision-making ability. You will gain foundational knowledge on how to recognize signs of diminished capacity, understand the nuances of consent, and navigate the landscape of advance care planning. We will explore the various forms of financial powers of attorney, their applications, limitations, and unfortunately, their potential for misuse. Furthermore, as clients often live, travel, or own property across various provinces or even countries, we will address the challenges posed by inter-jurisdictional issues.

Key learning outcomes include:

• Grasping the legal definition of capacity and its application across different decisions (e.g., financial vs. healthcare).
• Understanding the spectrum of capacity, moving beyond binary notions to a continuum approach.
• Identifying the legal frameworks for substitute decision-making in Canada, including guardianship and various advance planning documents like Powers of Attorney and Advance Directives.
• Recognizing red flags and myths associated with diminished capacity in older adults, and effective accommodation strategies.
• Analyzing the impact of inter-jurisdictional differences on advance planning documents and the importance of tailored advice.
• Exploring the benefits and risks associated with financial Powers of Attorney, including potential for abuse and best practices for professionals.
• Delving into Advance Care Planning and Healthcare Consent, emphasizing personal choice, the voluntary nature of planning, and the diverse forms an Advance Care Plan can take.
• Learning good practice tips for advising clients on substitute decision-making and advance care planning, ensuring their values, wishes, and beliefs are upheld.

By the end of this course, you will be equipped with practical tools to better support your clients' autonomy, protect their rights, and safeguard your own professional practice, recognizing when to respond with confidence and when to refer.