Mental incapacity is when someone cannot understand relevant information or cannot appreciate what may happen as a result of decisions they make—or do not make—about their finances, health or personal care.

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Planning ahead

How do I plan ahead in case I were to become unable to take care of myself and my property? Learn more about choosing a substitute decision-maker for yourself through a Power of Attorney and “living will”.

What do I do if I think someone is incapable of taking care of themselves?

Learn how to:

• request an assessment of someone’s capacity
• find someone to perform an assessment
• find and fill out assessment forms
• make a referral to the OPGT in cases of serious risk

What happens when someone is deemed incapable?

Learn more about how substitute health care and financial decisions are made, a guide to the Substitute Decisions Act, the role of the Public Guardian as decision-maker.

Guardianship

In the absence of a continuing Power of Attorney for property, a Guardian of Property must be assigned to make decisions on behalf of the incapable person.
Learn more about:

• what it means to be a guardian
• how to become a guardian
• what to do if you are concerned about how a guardian is performing

About the Office of the Public Guardian and Trustee (OPGT)