What's the difference between a 'capacity assessment' and a 'capacity evaluation' in Ontario law?

These terms sound similar but generally refer to different legal processes in Ontario. A "capacity assessment" under the Substitute Decisions Act, 1992 is specifically used to determine whether someone is incapable of managing their property or their personal care for the purposes of guardianship or a statutory guardianship of property, and must be carried out by a qualified capacity assessor recognized under that Act.

A "capacity evaluation," by contrast, is generally associated with decisions about consent to specific treatment, admission to a care facility, or personal assistance services under the Health Care Consent Act, 1996, and is typically performed by the health practitioner proposing the treatment or another evaluator recognized for that specific purpose, applying that Act's own test rather than the Substitute Decisions Act's property or personal care guardianship test. Because these processes serve different legal purposes, have different qualified professionals attached to them, and lead to different outcomes, it's important not to assume one satisfies the requirements of the other. If you're unsure which process applies to your situation, ask the professional involved which specific legal framework they're operating under, or get legal advice.