What is the test for determining whether a person has capacity to make a decision?
Ontario, Canada
The following excerpt is from Dimitrova v. Dimitrova, 2021 ONSC 3239 (CanLII):
The court in Hunt v. Worrod, 2017 ONSC 7397 spoke of how the capacity of an individual is decision, time and situation specific. A person’s level of capacity can fluctuate from time to time. Specifically, the relevant time period in evaluating an individual’s capacity to make a particular decision is the time at which the decision is made.
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