What is the Certificate of Incapability Process?
Health authorities can issue certificates of incapability under the Adult Guardianship Act, for adults who they find to be incapable of managing finances. The adult cannot have an appointed substitute decision maker for managing finances or have a substitute decision maker that the health authority believes is not complying with their duties.
Issuing a certificate of incapability is a significant decision because it results in a loss of independence and autonomy for the adult, as the Public Guardian and Trustee becomes Committee of Estate/Statutory Property Guardian to manage the adult’s finances.
The Statutory Property Guardianship Regulation, requires that an assessment include both a medical and functional component. It sets out which health care providers, in addition to physicians, are qualified to conduct the functional component of the assessment to determine incapability for managing financial affairs. Registered Psychiatric Nurses (RPNs) are among several disciplines that may be qualified, provided they meet any standards, limits, and conditions set by their respective regulatory colleges.