The Intersection of Adult Protection, Guardianship, and Capacity in Newfoundland and Labrador

Presenter: Henry Kielley MSW, RSW

The Adult Protection Act protects adults, 18 and older, who are at risk of abuse, neglect, and self-neglect, and who do not understand or appreciate that risk.  Some adults require support with decisions, while others need someone else to make those decisions.  There are multiple pieces of law in NL (including adult protection) that consider capacity, autonomy, and our decision-making rights.  None of these currently contemplates the idea of supported decision-making.  Based on research and work happening in other jurisdictions, the conversation about capacity and decision-making in NL is evolving and is a relevant topic for all social workers, regardless of practice area or specialty.

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