Clients with Diminished Capacity Policy

Purpose

A client's ability to make decisions about a legal matter can be affected by illness, disability, age or a crisis. This policy explains how NEO works with such clients, as the Paralegal Rules of Conduct require, while respecting their dignity and their right to make their own choices.

Our policy

1. A normal relationship, as far as possible. We work with the client directly and keep them informed, in a way they can understand, for as long as they are able to give instructions.
2. More time and support. We offer accommodation: longer or more frequent meetings, plain-language summaries, a support person the client chooses, or meetings at a time and in a format that suits them.
3. The client's decision. A decision we disagree with is not, by itself, a sign that a client lacks capacity. We respect the client's choices.
4. When we are concerned. If we believe a client may not be able to give instructions, we consider carefully, and with sensitivity, what steps are needed to protect their interests, such as involving someone with legal authority to act for them, or asking the court or tribunal for directions where its rules allow.
5. Confidentiality. We share information about the client with others only as far as needed to protect them, and as the rules permit.
6. Substitute decision-makers. Where someone holds a power of attorney or other legal authority for the client, we confirm that authority and its limits before taking instructions from them.

Undue influence

We meet the client on their own for important decisions where we can, so their instructions are their own.

Review

This policy is reviewed at least once a year, and whenever the Law Society's By-Laws or rules change. The principal approves every change.

Questions

Email info@neolegalservices.com, call 647-200-3526 or toll-free 888-519-2435, or write to us at Unit 236, 1099 Kingston Road, Pickering, Ontario L1V 1B5.