Is there a constitutional or statutory right of an incapable person to have her best interests decided in the first instance by an S.D.M.A.O. appointed by a spouse or relative?
Ontario, Canada
The following excerpt is from A.M. v. Benes, 1998 CanLII 14770 (ON SC):
Although, as stated above, I am not persuaded that in the absence of prior capable wishes the incapable person has a constitutional, as opposed to a statutory right to have her best interests decided in the first instance by an S.D.M. appointed by the person or by a spouse or relative recognized in one of the categories in s. 20 of the Act, it is beyond controversy that a person has a constitutional right under s. 7 of the Charter, to have the person’s applicable prior capable wishes given effect to where possible: see Fleming v. Reid, supra.
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