The Right To Decide
The law assumes that adults are competent to make decisions about their own lives. Whether they are dealing with medical treatment, finances, or end-of-life decisions, most people should be free to make their own choices.
Sometimes adults in care homes, hospitals or clinics are deemed not competent to make those decisions. A medical practitioner may decide that they must be forced to accept medical treatment, be subjected to a Community Treatment Order, be confined to a hospital, or accept that somebody else will be taking care of their finances.
When that happens, the patient has a right to contest the medical practitioner’s decision before a Consent and Capacity Board.
The Consent and Capacity Board is independent of the hospital and the patient. It is normally made up of a lawyer, a psychiatrist and a community member. The Board hears from the doctor and the patient, and decides whether to uphold the doctor’s decision or not.
Some important things to remember:
- The patient is assumed to be competent unless proven otherwise
- The doctor has to prove the facts, not the patient
- The patient does not have to attend the hearing or speak at the hearing, although they can choose to do either
- If the patient chooses to speak, the doctor and the Board can question them
- Sometimes witnesses are asked to testify for the doctor or for the patient
My role is to meet the client, and get their version of the story. I also look at their medical chart so that I can see what the doctor will be using to prove his or her case.
What Happens At A Hearing?
Most hearings take place at hospitals or clinics, and follow this pattern:
- The Presiding Member of the Board introduces the proceeding
- The doctor presents the case
- The doctor is questioned by the patient’s lawyer and by the Board members
- If the doctor has witnesses, they speak and are then questioned by the lawyer and Board members
- After the doctor finishes speaking, the client has a chance to speak
- If the client chooses to speak, the doctor and Board members may question them
- Any witnesses for the client will be heard at this time as well
- After the client is done, both the doctor and lawyer have a chance to sum up their evidence and remind the Board of their positions
- The Presiding Member of the Board ends the hearing
The Board gives its decision within 24 hours.
Contact Claudia Bordes
Email me at bordescj@gmail.com or call 613-807-2673 to make an appointment.
Claudia Bordes 