4. Ask for a capacity review
Question & Answer
Can a doctor force me to get treatment?You can ask the Consent and Capacity Board (CCB) to do a review if:
- your says you’re not able to make your own health-care decisions but you think you are
- you want a different (SDM)
A CCB review is the only way to challenge your health-care provider’s decision about your capacity.
Application forms are available on the CCB website. There is no fee to apply.
When deciding whether you’re capable or incapable of making decisions about , the CCB looks at any evidence you or your health-care provider presents. This might include things like:
- your medical history
- if you’ve been admitted to a hospital or
- the evidence your doctor presents at the hearing
It’s up to your health-care provider to prove to the CCB that you’re incapable. If the health-care provider doesn’t present enough evidence to prove you’re incapable, the CCB must say that you’re capable.
If the Board decides that you’re capable, you get to decide about your medical treatment. If the Board decides that you’re incapable, your substitute decision-maker decides about your medical treatment.
Once you tell your health-care provider that you’re planning to apply to the CCB, then your health-care provider cannot start any new treatment. They have to wait until the CCB decides on your application.
Getting legal help
The CCB review process can be legally complicated. You can ask a lawyer for help with your application.
If your income is low, you may be able to get help from Legal Aid Ontario and get a legal aid certificate. You can contact Legal Aid Ontario at 1-800-668-8258.
The Law Society of Ontario (LSO) has a Referral Service. This online service gives you the name of a lawyer in your area who can advise you for up to 30 minutes for free. If you cannot use the online service, you can call the Law Society of Ontario crisis line at 1-855-947-5255 or 416-947-5255 in Toronto.
If you’re a patient in a psychiatric facility, you also have the right to talk to a Rights Adviser. A Rights Adviser is a person who helps you understand your health-care rights. They can also help you find a lawyer. To speak with a Rights Adviser, you can contact the Psychiatric Patient Advocate Office at 1-800-578-2343.
