Adult Capacity and Decision-making Act Review Complete

The Province has completed its review of the Adult Capacity and Decision-making Act. It was filed with the legislature clerk's office today, February 25.

The Adult Capacity and Decision-making Act applies to adults who are unable to make some or all decisions for themselves because of a learning disability, mental illness, brain injury or other reasons. This law respects the rights of adults to make their own decisions, while allowing another trusted adult to make important decisions for them when they cannot.

The review makes 26 recommendations to improve support for adults who need help making important decisions in their lives.

“I want to thank all stakeholders and staff for the considerable time and effort they contributed to the review of this important legislation. The experience, advice and insights they shared with government during the review process is greatly appreciated,” said Minister of Justice Brad Johns. “Improving this legislation to make it work better for those it is intended to help is a shared goal.”

The recommendations address harmonizing Nova Scotia’s capacity legislation, education and assistance, the application process under the act, capacity assessments, and supported decision-making, which is when adults make their own decisions about their lives sometimes with help from a person or group of people they choose.

To inform the review, the government consulted Nova Scotians, reviewed court files and convened an external advisory panel.

The multi-department working group that led the review will develop an action plan to implement the recommendations.

Both the report on the review of the Adult Capacity and Decision-making Act and the What We Heard report on the consultation that informed the review process are available online.

Quick Facts:

• the legislation, which came into effect at the end of 2017, required the Minister of Justice to review its effectiveness
• the public consultation included a survey and focus groups with affected stakeholders; 190 surveys were completed and 18 focus groups were held with a total of 130 participants
• Horizons Community Development Associates Inc. was hired to conduct the consultation and gather information from Nova Scotians including adults with cognitive challenges and their appointed representatives, disability organizations, members of the legal community, academics, health professionals, seniors’ organizations and others

Additional Resources:

Adult Capacity and Decision-making Act: https://novascotia.ca/just/pto/adult-capacity-decision.asp

Report on the Review of the Adult Capacity and Decision-making Act: https://novascotia.ca/adult-capacity-and-decision-making-act-consultation/