Be CAREFUL Out There: Common Pitfalls in Assessing Capacity – Published in Health Law in Canada Volume 43 No 2 – November 2022

I couldn’t be more excited to see something finally in print, truth be told.

In or around late 2016 / early 2017, I had this idea for an Acronym that would help capacity assessors identify the essential elements of doing a proper assessment.

That acronym is CARE(FUL) – I have been teaching the constituting elements using the acronym ever since.

I’ve been delivering the talk from basic speaking notes several times a year all this time.

Now, finally – a proper academic scholarly paper based on the acronym, with tons of case law in support of the original thesis, is out in the world for all (subscribers) to read.

It’s a relief to have this wealth of jurisprudence and wisdom in one consolidated place. This will be an excellent teaching tool but also incredibly useful for our own reference. I bet I’ll be going to it on the daily for cases to use in litigation before the Consent and Capacity Board.

I am grateful to the associates at our firm at the relevant time, Tanner Blomme and Maya Kotob and to our summer intern Humna Wasim for their assistance in research and drafting, as well as to Dr. Ruby Dhand, who, as always, did so much of the heavy-lifting here, particularly with secondary sources and citations – her incredible expertise.

The paper is available in Volume 43 Number 2 of Health Law in Canada, November 2022, which is a Newsletter published through LexisNexis available by subscription only here:

Health Law in Canada LexisNexis Newsletter

But I can show you what it looks like and our very helpful Editor’s Introduction as well as the Abstract.

Maybe it’s just the six year wait, but I think it looks beautiful!

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About Anita Szigeti

• Called to the Bar (1992) • U of T Law grad (1990) • Sole practitioner (33 years) • Partner in small law firm (Hiltz Szigeti) 2002 - 2013 • Mom to two astonishing kids, Scarlett (20+) and Sebastian (20-) • (Founding) Chair of Mental Health Legal Committee for ten years (1997 to 2007) * Founding President of Law and Mental Disorder Association - LAMDA since 2017 * Founder and Secretary to Women in Canadian Criminal Defence - WiCCD - since 2022 • Counsel to clients with serious mental health issues before administrative tribunals and on appeals • Former Chair, current member of LAO’s mental health law advisory committee • Educator, lecturer, widely published author (including 5 text books on consent and capacity law, Canadian civil mental health law, the criminal law of mental disorder, a law school casebook and a massive Anthology on all things mental health and the law) • Thirty+ years’ experience as counsel to almost exclusively legally aided clients • Frequently appointed amicus curiae • Fearless advocate • Not entirely humourless
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1 Response to Be CAREFUL Out There: Common Pitfalls in Assessing Capacity – Published in Health Law in Canada Volume 43 No 2 – November 2022

  1. Pingback: It was the best of times, it was the worst of times – 2022 recap – Anita’s year-end review December 23, 2022 | anitaszigeti

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