Mental Health

Refusal to make findings of incapacity: a concerning trend

A concern about litigation has led to absurd and often dangerous failures to make findings of capacity.

MAID and Mental Illness Webinar

Join us on February 16, 2023

What is a Form 2?

If you have a loved one with a serious mental illness, you HAVE to watch this video. It is about the primary legal tool to get a person to the hospital for an assessment.

What happens if a guardian dies?

Parents becoming guardians of their adult children often fear what will happen when they are gone.

What happens if a substitute decision-maker lacks capacity?

A substitute decision-maker must be "capable" of making treatment decisions. What happens if they're not?

How do you know who a patient's substitute decision-maker is?

Who makes decisions if a patient is unable to for themselves?

What Does the Public Guardian and Trustee (PGT) Do?

The Public Guardian and Trustee (PGT) is an agency that plays a role in many matters involving consent and capacity.

Mismanaging Property Mini-Series (Part 4 of 4): ODSP

In the fourth video of four part mini-series on mismanaging property, I discuss ODSP. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.

Mismanaging Property Mini-Series (Part 3 of 4): Joint Accounts

In the third video of four part mini-series on mismanaging property, I discuss joint accounts. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.

Mismanaging Property Mini-Series (Part 2 of 4): Guardianship

In the second video of four part mini-series on mismanaging property, I discuss guardianship of property. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.

Mismanaging Property Mini-Series (Part 1 of 4): Powers of Attorney

In our 4 part mini-series on mismanaging property, I discuss powers of attorney for property. The series is for family caregivers who have a loved one with a mental illness who is mismanaging property.

What is a Form 3?

A Form 3 is a legal tool completed by a physician that requires a person to stay at the hospital as an involuntary patient in a psychiatric unit.

What is a Form 1?

A Form 1 is a legal tool completed by a physician that allows a person to be detained at a hospital for up to 72 hours so that their mental health can be examined.

Online Courses for Caregivers About Mental Health Law

We're excited to announce 2 online courses we’ve made specifically for families who have a loved one with a mental illness.

Britney Spears' conservatorship

In November 2020 Lisa Feldstein was quoted in The Province in an article by Laura Hensley entitled "The 'extraordinary' case of Britney Spears' conservatorship".

Canada is about to change who is eligible for medically assisted death

After consultation with stakeholders, commissioning of expert reports, and some lawsuits stating that aspects of the current law are unconstitutional, the time to update Canada's MAID laws has finally arrived.

3 Things You Should Know If Your Parent Has Dementia

Have a family meeting. Sign the legal documents. And, by the way, your siblings are probably suspicious of you.

Can you commit someone with a Fortnite addiction to a psychiatric facility?

There are parents who describe their teenagers as “addicted” to video games. They might be right. On their path to seek help for their kids who seem lost in another world, could they have their children committed to a psychiatric facility? Perhaps.

Let’s talk about dementia – and how to support caregivers

If you know someone caring for a loved one with dementia, you have to read this blog post!

Advance Requests for Medically Assisted Death

Should advance requests to medically assisted death be legal?

What is a proposed representative?

The term "proposed representative" is not in most people's vocabulary, and doesn't need to be. But if you are a family caregiver and the term arises, chances are there is a conflict about who makes health care decisions for a loved one.

5 signs a POA needs legal advice

Many people appointed under a POA do not know they have specific legal obligations, and that they could face serious financial and other consequences if they do not satisy their duties.

The gift of time: How to use the holidays to check on your family’s well-being

With the holidays comes an opportunity to spend time with family and check on how loved ones are doing. As our relatives age or enter new stages of life, some of them may face health challenges we only discover when we visit in person.

Illegal (but life-saving) pop-up overdose prevention site opens in Toronto

Once in a while illegal activity is not prosecuted because it appears to be in the best interests of the public. This is currently happening in Toronto, where Harm Reduction Workers set up an illegal pop-up overdose prevention site in Moss Park because they believed the opioid crisis is at a point where drug users in the city cannot wait months for a legal supervised injection site.

Psychiatrist’s clinical judgment does not obviate need to meet standards of evidence in CCB hearings: Anten v. Bhalerao

JLM: A Consent and Capacity Board Decision Explained

National Guidelines Introduced to Support Family Caregivers of Adults with Mental Health Problems

Is it Legal to Force Medication on Someone?

This blog discusses the laws that govern when and how we can force treatment without consent or cooperation of the patient.