THE CHIEF JUSTICE OF ONTARIO’S ADVISORY
COMMITTEE ON PROFESSIONALISM
ELEVENTH COLLOQUIUM ON THE LEGAL
PROFESSION
PROFESSIONALISM
AND SERVING COMMUNITIES
October 24, 2008
Protecting Vulnerable Adults – A Community Responsibility
Louise A. Stratford
Public Guardian and Trustee*
* the author gratefully acknowledges the assistance of her colleagues Laurie Redden,
Deputy Public Guardian and Trustee, and Saara Chetner, Counsel,
Office of the Public Guardian and Trustee, in writing this paper
1
Protecting Vulnerable Adults – a Community Responsibility
According to the well known African proverb, it takes a whole village to raise a
child. In the case of adults made vulnerable by mental frailty, it can be said that it
takes a whole village to protect them from harm. As lawyers resident in the village,
we have a special duty to ensure that the legal protections developed over the
years to assist in this important obligation are adequately engaged. This paper will
explore various means by which the legal profession can better discharge that
duty. It will also provide information to assist in addressing the various legal
issues that may arise when dealing with persons affected by a mental disability.
Background
Mental disability can take various forms, and may affect an individual’s decision-
making capacities in a number of ways. For example, an individual may
experience a gradual deterioration in mental acuity; decisional capacity may be
affected by a specific event, condition or illness which may have short term or long
term implications ; or an individual may have a developmental health condition that
has affected the person since birth. The issues for the lawyer providing service will
vary depending on the unique circumstances of the client. While previously mental
capacity was a more global term implying a general deficit in decision making
ability, the modern v