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Assessor – An assessor is a doctor or psychologist, and with training, an occupational therapist, nurse, social worker, or other qualified health care professional.Capacity assessment - testing by a health care professional (assessor) to find out if a person has the ability to make their own decisions Capacity assessment report - A report prepared by a health professional (assessor) to explain whether an adult is able to make their own decisions.Capacity is the ability to understand information that is needed to make a decision and to understand the possible results of a decision.For example, for an adult to consent to medical treatment, they must understand the risks of either accepting or refusing treatment.Sometimes an adult is not able to make significant health, personal care or financial decisions on their own.We say that they do not have capacity to make important decisions.
The person who applies for representation is called a representative.Any adult can apply to be the representative decision maker for an adult who does not have capacity to make important decisions on their own.A court will only appoint a representative when a judge is sure that the adult needs one, and that the proposed representative: The court can appoint a trust company or the Public Trustee as a representative.A representative for an adult is appointed by a Supreme Court of Nova Scotia judge.Before appointing a representative, a judge will hold a hearing to decide if an adult has the capacity to manage their own affairs.
The person for whom a representative is appointed is called an adult in need of representation. The law relating to adults who need a representative to help in decision-making used to be called the Representation used to be called “guardianship”.