Consent and Capacity Board hearing
Representing a patient, or the health practitioner, at a Board hearing on capacity, treatment or involuntary status.
What is included
- Meets with you quickly to understand the finding or order being challenged
- Reviews medical records and the health practitioner's evidence
- Prepares you and any witnesses for the hearing
- Represents you at the Consent and Capacity Board hearing
- Advises on an appeal to the Superior Court if needed
What is not included
- Independent reports and other disbursements
- Appeals or judicial review unless added to the retainer
- Clinical, billing or management consulting
Who this service is for
- People found incapable of making treatment decisions
- People detained as involuntary patients
- Substitute decision-makers and family members
Information to have ready
- 1The form or notice you received, such as a finding of incapacity
- 2Names of your doctors and the hospital
- 3Contact details of family or substitute decision-makers
- 4Any powers of attorney for personal care or known wishes
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?
A typical Ontario fee for this service is $1,500–$4,500, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
Can I challenge a finding that I am incapable?
Usually yes. You can apply to the Consent and Capacity Board to review a finding of incapacity or an involuntary admission, and the Board holds the hearing quickly.
Who decides at the hearing?
A panel of the Board, which often includes a lawyer, a psychiatrist and a member of the public, hears the evidence and decides.
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
- Regulators' deadlines must be met even while a lawyer is being chosen
- The lawyer confirms the scope, fee and steps in a written retainer before starting
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