Areta is a lawyer specializing in consent and capacity issues. She represents clients before the Consent and Capacity Board and at all levels of court in Ontario in capacity challenges and other estate and elder law matters.
Areta is a lawyer specializing in consent and capacity issues. She represents clients before the Consent and Capacity Board and at all levels of court in Ontario in capacity challenges and other estate and elder law matters.
Articles by Areta Lloyd
Article: Legal Series
Physician Assisted Death: Exceptions under the Criminal Code
by ARETA LLOYD
The Supreme Court decision in Carter v Canada in 2015 changed the law on physician-assisted suicide in Canada. The court ruled that competent adults, who give clear consent and who suffer intolerably from a grievous and irremediable medical condition, may legally ask and receive medical help in terminating…
Article: Legal Series
Physician Assisted Death: Carter v Canada
by ARETA LLOYD
In 2015 the Supreme Court of Canada issued a landmark decision regarding physician-assisted suicide: it is against the Charter of Rights and Freedoms to prohibit a person from seeking the assistance of a physician to end his or her life. The result is not quite so simple as a blanket acceptance of physician-assisted…
Article: Legal Series
What is Guardianship?
by ARETA LLOYD
When a person loses capacity no one else can take over decision-making for them, not even their spouse. There has to be a legal document appointing a substitute decision maker (except in health care). Often this is a power of attorney document. However, not all powers of attorney give all decision-making…
Article: Legal Series
What is Capacity?
by ARETA LLOYD
One of the buzz words used regarding people with dementia or Alzheimer’s is “capacity.” Sometimes it is referred to as “mental capacity.” But what does it mean when doctors or lawyers talk about a person’s capacity? Essentially, capacity is about the ability to make decisions. Another more…
Article: Legal Series
Substitute Decision Making & Health Care
by ARETA LLOYD
A substitute decision maker is the person who makes decisions for a person that is found incapable. Dementia and Alzheimer’s patients will all have to have one or more substitutes for their decisions eventually. In Ontario, two key laws guide us on this issue. The Health Care Consent Act (“HCCA”)…
Article: Legal Series
Powers of Attorney
by ARETA LLOYD
When a person loses the ability to make decisions, many things in their daily life cannot be done. For instance, a person may no longer be able to pay bills, cash out investments as per their retirement plan, or sell their house to move into a care facility. No one else can make these decisions. There…
Article: Legal Series
End of Life Health Decisions: How Much Control Do You Have?
by ARETA LLOYD
A person has every right to plan for their end-of-life care. It is much easier to plan when a person has been diagnosed and knows many details of the progression of their illness. Together with his or her doctor, a patient will develop a treatment plan. If the patient is incapable, the doctor finds…
Article: Legal Series
Capacity Assessments – Who Decides and When?
by ARETA LLOYD
A capacity assessment is a legal test to decide whether a person has the mental competence to make a decision. The place to start is with the simple concept that everyone is capable of making decisions for themselves. We present the decision to be made and relevant information to the person. Only when…