What can I do if a hospital disagrees with my attorney for personal care's decision in Ontario?

In Ontario, when a health care practitioner disagrees with a decision made by your attorney for personal care, there is a formal process for resolving the dispute — neither side simply overrides the other.

A health care provider who believes the attorney's decision is not in accordance with your prior capable wishes (or your best interests if wishes are unknown) can apply to the Consent and Capacity Board for a review. The Board is an independent Ontario tribunal that holds hearings and can make binding decisions on consent and capacity disputes.

Similarly, your attorney can apply to the Board if they feel health care providers are not respecting their authority or are overriding a proper refusal of treatment. The Board can uphold the attorney's decision, require the health care provider to follow it, or in rare cases override the attorney and make the decision itself.

While a Board hearing is underway, the general rule is that treatment that has not yet begun cannot start without consent — the status quo is preserved. Emergency situations are an exception, where health care providers can act without consent to preserve life or prevent serious harm.

If your attorney is facing pushback from a hospital or care facility, getting legal advice promptly is important. Ontario legal aid covers some Consent and Capacity Board proceedings, and patient advocates at the hospital can also be a resource.