Annulment of a marriage for lack of capacity or consent
A court application to declare a marriage invalid because a person did not have capacity or freely consent.
What is included
- Listens to the older adult's own wishes and confirms who the lawyer's client is
- Reviews the documents, care arrangements and finances involved
- Explains the rights and options under laws such as the Substitute Decisions Act, 1992 and the Health Care Consent Act, 1996
- Negotiates with family members, institutions or care providers
- Brings or responds to court or tribunal proceedings, as agreed
What is not included
- Capacity assessments, medical reports, court fees and other disbursements
- Financial planning or investment advice
- Steps beyond the scope confirmed in writing, such as an appeal
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- Older adults planning ahead or protecting their rights
- Family members worried about a parent's safety, care or finances
- Attorneys, guardians and substitute decision-makers
- Residents of long-term care or retirement homes and their families
Information to have ready
- 1Any powers of attorney, guardianship orders or care agreements
- 2Medical or capacity information you are able to share
- 3Bank, investment or property records relevant to the concern
- 4Names and contact details of family members and care providers
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $350–$650/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
Who is the lawyer's client when a family asks for help with a parent?
Usually the older adult is the client, and the lawyer takes instructions from them in private. Family members may be asked to step out so the lawyer can confirm the person's own wishes.
What happens if there is no power of attorney?
For health care decisions, Ontario's Health Care Consent Act sets out who may decide, usually starting with a spouse or partner if there is no guardian or attorney. For finances, a family member may need to apply to become a guardian, or the Public Guardian and Trustee may become involved.
What is the Consent and Capacity Board?
It is an independent Ontario tribunal that hears applications about capacity, consent to treatment, admission to long-term care and involuntary admission to a psychiatric facility.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; questions of capacity and care are decided by assessors, tribunals or the court
- Where the older adult is capable, the lawyer must follow their instructions, even if family members disagree
- Urgent safety concerns should be reported to police or other authorities right away
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