Law Commission of Ontario Releases Final Report on Legal Capacity, Decision-Making and Guardianship

The LCO’s Final Report recommends a comprehensive plan to reform Ontario’s laws and policies regarding powers of attorney, guardianship and health care consent.  This project responds to public concerns regarding misuse of powers of attorney, elder abuse, excessive intervention in the lives of persons who have disabilities to make independent decisions, barriers to access to justice, and the widespread lack of understanding about Ontario’s complex laws in this area.

According to LCO Board Chair Bruce Elman, “The LCO’s report is the most comprehensive analysis of Ontario’s laws in this area in almost thirty years.  Legal capacity, decision-making and guardianship laws affect tens of thousands of Ontarians every day, whether as individuals who can’t make decisions independently, as family members, or as professionals.  We believe the LCO’s recommendations will make the law more effective, more responsive, and more accessible.” 

This project has been the most extensive in the LCO’s history. The LCO has received advice and support from an expert Advisory Committee and more than 800 individuals and institutions over a two year period.  The report’s 58 recommendations include proposals that would: 

• Reduce abuse of vulnerable individuals, including elder abuse;
• Reduce misuse and abuse of powers of attorney though better education, transparency and monitoring;
• Create more options for Ontarians who need support to make decisions independently;
• Strengthen the legal rights of many vulnerable Ontarians;
• Improve access to justice for individuals, families, and others; and,
• Improve supports for individuals, families, professionals, institutions and many others.  
  
  

The LCO is Ontario’s leading law reform agency.  The LCO provides independent, balanced and authoritative advice on some of Ontario’s most complex and far-reaching legal policy issues.   
The LCO is funded by the Law Foundation of Ontario, the Ontario Ministry of the Attorney General, Osgoode Hall Law School, the Law Society of Upper Canada, and York University.  The LCO is also supported by Ontario’s law schools. The LCO is located at Osgoode Hall Law School, York University.  

More Information

The LCO's Final Report and summary materials are available online in English and French at www.lco-cdo.org. You may also download documents here:
Executive Summary
Final Report
Project Backgrounder

Media Contact 
Nye Thomas 
Executive Director, Law Commission of Ontario 
Athomas@lco-cdo.org
416-402-7267 
www.lco-cdo.org

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