The ultimate responsibility to look after and care for a child up until the legal age of adulthood falls with the child\u2019s parents. The age of adulthood in Canada is generally considered to be 18 or 19 years of age, depending on the province of residence.<\/p>\n
The age of majority is\u00a018 in six provinces: Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan. The age of majority is\u00a019 in four provinces and the three territories: British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, and Yukon.<\/p>\n
When an individual attains this age of majority, they are presumed to be capable and competent to make decisions about their own health and well-being, as well as finances. While many adults with disabilities can manage their own affairs independent of parental assistance, others cannot. In the event that a disabled adult child is incapable of making decisions for themselves, there are a number of options available to parents who wish to make decisions on their child\u2019s behalf.<\/p>\n
The starting point for a disabled person and\/or their parent is to assess each need for a decision individually and determine whether the child is capable of making a decision themselves. In addition, provinces have enacted legislation regarding what may happen if and when an individual is incapable of making certain decisions about their finances and\/or personal care.<\/p>\n
Provincial law governs the procedures by which a decision-maker may be appointed for a mentally incapable person. Such procedures depend on the type of decision the person is incapable of making. One set of rules applies when a person is incapable of making decisions about their property or finances and another set of rules applies if the incapacity relates to personal care decisions. A person who makes decisions on behalf of another may be referred to as a \u2018substitute decision-maker\u2019.<\/p>\n
Decision-Making for Property\/Finances<\/strong><\/p>\n If an adult is incapable of making decisions relating to their property or finances, there are three ways by which a decision-maker may be appointed:<\/p>\n Decision-Making for Personal Care<\/strong><\/p>\n If an adult is incapable of making personal decisions, there are two ways in which a decision-maker may be appointed:<\/p>\n The chief distinction between attorneys and guardians is that an attorney\u2019s right to act on behalf of another individual must be given while the individual is still mentally capable. A guardian, on the other hand, is appointed by a third party after the person whose affairs are to be managed has become mentally incapable. An experienced professional should be consulted to consider the available options and help determine the best solution for a given situation..<\/p>\n For additional information or assistance with ensuring that your disabled child is cared for, please consult a TEP<\/a><\/strong>.<\/p>\n\n
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