Who is legally qualified to perform a capacity assessment under Ontario's Substitute Decisions Act?

Under Ontario's Substitute Decisions Act, 1992, a formal capacity assessment for property or personal care decisions must be carried out by a "capacity assessor" — a professional who has completed the specific training and qualification process recognized for this role, not simply any doctor, psychologist, or other regulated health professional exercising general clinical judgment. Capacity assessors typically come from professions such as medicine, psychology, nursing, social work, and occupational therapy, but being a member of one of those professions alone doesn't qualify someone to conduct a capacity assessment under the Act.

This distinction matters because a capacity assessment under the Substitute Decisions Act carries specific legal consequences — it can trigger a statutory guardianship of property or support a court application for guardianship — so the assessor needs to apply the Act's own legal test for capacity, not just a general clinical impression of someone's cognitive functioning. If you're trying to confirm whether a specific assessor is properly qualified for this purpose, ask them directly about their qualification under the Act, since an assessment performed by someone without it may not have the legal effect a family expects. A lawyer experienced in capacity and guardianship matters can help you find an appropriately qualified assessor for your situation.