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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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What is required doctor to declare someone "legally

Customer Question

What is required for a doctor to declare someone "legally incompetent" (in Ontario, Canada). And will this give the children the power to put this person in a nursing home where she can get the care she needs?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

Thank you for requesting me.

The parent has to be assessed by a competency assessor that is on the list that the government has for cases like this.

If the children apply to the court for the declaration after getting the assessment and for an order appointing them to be legal guardians of the parent then the children would then make all decisions about the parent including those relating to care and finances and any Power of Attorney would be void.