The areas of Mental Health Law in which this firm is primarily involved are:

  1. the representation of individuals before the Ontario Board of Review and the Ontario Consent and Capacity Review Board; and
  2. assisting families where there are issues involving capacity to make decision about personal care and financial management.

 

ONTARIO BOARD OF REVIEW

Under the Canadian Criminal Code (R.S.C. 1985, c. C.46) a Board of Review is established for each province.

A Board of Review makes and reviews dispositions (orders) concerning any person facing criminal charges in respect of whom a criminal court has made a finding of unfit to stand trial or a verdict or not criminally responsible by reason of mental disorder.

Robert Hammond has represented patients appearing before the Ontario Board of Review for more than 30 years.

CONSENT AND CAPACITY REVIEW BOARD

The Consent and Capacity Review Board hears applications by patients in mental institutions or by their physicians to determine the following issues:

  • Whether or not the patient’s mental condition requires his/her continued detention in hospital;
  • Whether or not the patient has the capacity to make decisions about his/her treatment for mental illness;
  • Whether or not the patient has the capacity to manage his/her financial affairs.

Robert Hammond has represented patients before the Consent and Capacity Review Board for more than 30 years.

POWER OF ATTORNEY FOR PERSONAL CARE AND CONTINUING POWER OF ATTORNEY FOR PROPERTY

Capacity problems arising from accident or illness can be largely avoided in advance by the subject person giving the authority to make decisions to another person.

Personal care decisions can be given by a Power of Attorney for Personal Care.

Financial management decisions can be given to another person by a Continuing Power of Attorney for Property.

APPOINTMENT OF GUARDIANS UNDER THE SUBSTITUTE DECISIONS ACT 1992

If a person has not signed a Power of Attorney (see above) and loses capacity, that person’s personal care and financial management becomes the responsibility of the Ontario Public Guardian and Trustee.

When a family member or other appropriate person wishes to replace the Public Guardian and Trustee as Guardian forthe person or his/her property, an Application can be made under the Substitute Decisions Act.

The Court can then appoint the Applicant as Guardian of the person or his/her property.