Capacity Assessment

A capacity assessment is a thorough investigation from a Designated Capacity Assessor (DCA) of a person’s ability to make their own decisions. The results and opinion of the DCA are provided in a legal document called a Capacity Assessment Report (CAR).

The Adult Guardianship and Trusteeship Act (AGTA) defines capacity as the ability to understand information relevant to a decision and to appreciate the reasonably foreseeable consequences of a decision or a failure to make a decision.

A DCA is a trained healthcare professional who is legally authorized to determine whether or not a client has the ability to make their own decisions. Only healthcare professionals that have been specifically trained by the Office of the Public Guardian can do capacity assessments. Doctors and psychologists can also do capacity assessments.

In Alberta, when applying for legal guardianship or trusteeship under the Adult Guardianship and Trusteeship Act (AGTA), a Capacity Assessment Report (CAR, or Form 4) is required. This guarantees that the adult being assessed has had their rights protected, the investigative process was valid and thorough, and that every legal requirement has been met to enable a smooth application under the AGTA.

Every capacity assessment is tailored to the needs of the individual, but all capacity assessments must include the following:

1. Pre-Assessment:
   Your DCA will ask questions from you and other stakeholders to get as much information as possible about the person being assessed. This ensures a valid assessment and report are provided that complies with all legal requirements. 

   
   Lifemax OT will ensure a thorough and comprehensive pre-assessment. In many cases a formal capacity assessment and court process can be avoided or more client-centered solutions found.

2. Medical Evaluation:
   Before a capacity assessment, a doctor must give the adult a medical exam to make sure their decision-making ability isn’t being affected by a medical condition that is temporary or reversible.
   
   Lifemax OT has well-established processes to make this step as smooth and quick as possible such as providing forms or direct communication with the physician.
   
   
3. Formal Capacity Interview:
   An in-person assessment of the client’s decision-making abilities. It is the DCA’s responsibility to prove that the client is not able to make sound decisions in specific domains such as personal or financial realms. Where decision-making is significantly impaired, the DCA may recommend guardianship or trusteeship.
   
   Lifemax OT will expertly guide you through the process and then provide you with the Capacity Assessment Report (CAR).

LifemaxOT only conducts capacity assessments for guardianship and trusteeship applications under the AGTA legislation. If there is a PD or POA in place different legislation applies, so you likely don’t need a DCA assessment from LifemaxOT. Instead, your doctor and your trusted loved one, or 2 health professionals can be involved to enact your PD and/or POA.

Sometimes the health professionals involved aren’t familiar with the legal processes, or aren’t comfortable with the complexities of the case. LifemaxOT offers consultations and can provide an expert opinion on decision-making capacity and testamentary capacity to assist with enacting or writing PDs, POAs, and even Wills.