Controversies Ontario Substitute Decisions Act

1 controversies

1.1 hired gun assessors
1.2 slippery slope
1.3 exploitation
1.4 failure receive necessary care versus personal autonomy

controversies
hired gun assessors

there danger assessors not objective in circumstances. conduct associated professional believes his/her referral source provide future business on basis of receiving predetermining finding. type of misconduct can have serious negative impacts client. if person capable labeled incapable rights severely violated without cause. on other hand, person incapable , found capable @ risk of causing harm him/herself or others.

slippery slope

it danger people found incapable put circumstances steadily erode independence. careful attention must devoted ensuring extents of incapacity existing capacities appreciated , balanced person can independent greatest extent possible.

it concern on part of many people found incapable, family , patient advocates careful attention given ensuring treatments not cause further incapacity. concern has particular bearing psychotropic medication , other treatments affect brain.

exploitation

a person loses right make decisions on behalf exceptionally vulnerable many types of exploitation. common form of exploitation expropriation of money purposes not benefit patient , fraudulent. type of exploitation can perpetrated substitute decision-maker, employee of office of public guardian , trustee, lawyer representing client or employee in institution.

other types of exploitation can include abuse , neglect.

failure receive necessary care versus personal autonomy

there times when family or friends of person, or community whole, may believe person needs access care unwilling or unable provide themselves. on other hand, many of these types of decisions fundamentally personal , private decisions person ever make. there conflict of interest in community s reasons wanting course of action imposed on person not same person s, yet he/she 1 required make change.