Mental
Health Act
Health Act
Yes, it does apply to people living in Ontario
True or False: The Health Care Consent Act discusses the concept of "capacity".
True
What does POA stand for?
Power of Attorney
What does PHIPA stand for?
Personal Health Information Protection Act
A patient refuses medication but understands the consequences. Are they capable?
Yes, they demonstrate understanding and appreciation.
What form allows a person to be detained for up to 72 hours for psychiatric assessment?
Form 1
Who is presumed to have capacity under the Health Care Consent Act?
Every person, unless there are reasonable grounds to believe otherwise.
If there’s no POA, who becomes the decision maker?
The highest-ranking available person in the SDM hierarchy (e.g., spouse, adult child, sibling).
Collection, use, and disclosure of personal health information.
A client has no POA or relatives. Who makes healthcare decisions?
The Office of the Public Guardian and Trustee
What form authorizes involuntary admission for up to two weeks?
Form 3
True or False: Capacity can fluctuate over time.
True
What is the role of the Office of the Public Guardian and Trustee?
Acts as the last resort SDM if no one else is available
What is the duty to warn and protect's main role?
Refers to the responsibility of a mental health professional to protect patients and others from foreseeable harm
A nurse learns a client threatens harm to others. Can she share that info?
Yes, under duty to warn and protect (PHIPA exception).
What is the purpose of a Community Treatment Order (CTO)?
Allows supervised treatment in the community for individuals with repeated hospitalizations.
True or False: Under the HCCA, consent can be given by the patient or the substitute decision maker, even if the patient is deemed capable.
FALSE: Under the HCCA, consent can be given by the patient or the substitute decision maker, if the patient is deemed incapable to make that decision.
What are the two types of POA under Ontario law?
POA for Personal Care and POA for Property.
•True or False: PHIPA always overrides the Mental Health Act.
False- sometimes the MHA overrides PHIPA
A person leaves hospital and repeatedly relapses. What tool may apply?
A Community Treatment Order (CTO).
What event inspired the creation of Brian’s Law (Bill 68)?
The 1995 death of Ottawa sportscaster Brian Smith, leading to Community Treatment Orders.
Who is the highest ranking person on the substitute decisions maker list?
Spouse, common-law spouse or partner
How does a person become a power of attorney (if not appointed prior to the person losing decision making capacity)?
If a person interested in becoming a power of attorney for someone who has been deemed incapable of making a healthcare decision, they can apply to the Court to be appointed as that person’s POA
Give one example when information may be disclosed without consent.
When there’s risk of serious bodily harm (e.g., suicide, assault).
Need to ask for consent for treatment; understand who can make that decision; understand how someone may end up in hospital; etc