Topmarke Attorneys, LLP
Mental Health Law
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“A moderate amount of stress improves our efficiency and our mental sharpness”. – CAMH
Our mental health is as important as our physical health if not more important. Mental health law is a complex and challenging area that attempts to protect a vulnerable population while striving to break down barriers and dispel the stigma associated with mental health.
In Canada, the ten provinces and three territories are responsible for their own health laws and services. The 13 mental health acts have core similarities, but there are clinically significant differences. At Topmarké Attorneys we understand that it is always easier to treat a physical injury than our mental health and the plans for balance cannot be a one size fits all model. We use our knowledge of health laws and services to adequately assist our clients.
We assist persons with Mental illness who can be hindered in the areas of:
- Ability to make a valid Will
- Independent decisions about finances and health
- Consent for treatments and medical procedures
- Voluntary or Involuntary admissions
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Topmarké Attorneys offers services in areas of guardianship or substitute decision-maker and hearings at the Ontario Consent and Capacity Board (CCB).
The Ontario Consent and Capacity Board (CCB) is an independently created body under the Health Care Act by the provincial government of Ontario. It handles hearings under the Mental Health Act, the Personal Health Information Protection Act, the Health Care Consent Act, the Substitute Decision Act and the Mandatory Blood Testing Act. The application form may be made available from health or residential facilities and faxed to the Board. Parties will receive a notice of hearing stating the time and place from the Board. After the hearing, the Board issues its decision within one day and written reasons may also be issued.
Guardianship/Substitute Decision Act (SDA) related matters concerns what may happen when someone is no mentally capable of making certain decisions about their own property or personal care. The law is designed to enforce individuals with more control over their personal life choices if they become unable to make their own decisions. It recognizes the role of families and friends in making decisions for loved ones while taking into account their wishes when they cannot decide for themselves. The Act clarifies and expands on the responsibilities of substitute decision-makers. It also provides safeguards and accountability to protect mentally incapable people from harm.
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“You have to be intentional in protecting your mental health by bringing all aspects of your life into balance”.
– Oluwakemi Oduwole, MP Topmarké Attorneys.
Whether you are seeking to dispute a consent or capacity decision or seeking health for a family member, Topmarké Attorneys is able to listen to your situation and review your options for representation. Call our office at (+1) 416-733-8585 or Email info@tpmattorneys.com to book your consultation today.
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