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Direct answer
If the person is not capable, the health care practitioner turns to a substitute decision-maker. A guardian or attorney for personal care has priority, and the Public Guardian and Trustee acts when no one is available or decision-makers conflict.
Every answer on this site sits on the same verified counts. These are the current figures.
Published:
Capacity is not all-or-nothing: a person can be capable of one kind of decision but not another, and capacity can change over time.
If the person is not capable, the practitioner turns to a substitute. Ontario’s public guidance says a guardian or attorney for personal care has priority. If no one is available or decision-makers conflict, the Office of the Public Guardian and Trustee makes the decision on the incapable person’s behalf.
An attorney for personal care can make decisions about health care, housing, meals, clothing, and other aspects of personal life within the authority granted by the document.
Ontario says a person must be mentally capable and at least 16 years old to make a personal-care power of attorney. Ontario also says the person may prepare the document without a lawyer or have a lawyer prepare it.
The available Consent and Capacity Board route depends on the issue. Ontario Ministry of Health forms include applications to review a finding of incapacity, appoint a representative, and obtain directions under the Health Care Consent Act.
Ontario’s mental-capacity guidance says that, in a Health Care Consent Act case, the Consent and Capacity Board can direct Legal Aid Ontario to arrange legal representation. This is different from a promise that every financially eligible person will receive funded representation.
The health care practitioner turns to a substitute. Ontario says a guardian or attorney for personal care has priority. If no one is available or decision-makers conflict, the Office of the Public Guardian and Trustee makes the decision on the incapable person’s behalf.
Ontario says a person must be mentally capable and at least 16 years old to make a personal-care power of attorney.
Ontario Ministry of Health forms identify routes to ask the Board to review a finding of incapacity, appoint a representative, or give directions. The proper form and legal test depend on the specific decision and applicant.
Ontario Ministry of the Attorney General
Mental capacity, health-care substitutes, priority, Public Guardian and Trustee fallback, and legal representation
Checked 2026-08-26
Ontario Ministry of the Attorney General
Making a power of attorney, minimum age, and personal-care authority
Checked 2026-08-26
Ontario Ministry of Health Central Forms Repository
Consent and Capacity Board application forms under the Health Care Consent Act
Checked 2026-08-26
Local route
Assessment routes, local providers and school boards are tracked city by city. Pick the one closest to you.
The clock
A child's place in the Ontario Autism Program queue is set by the AccessOAP registration date. 71,263 children are registered and still waiting for core funding (MCCSS FOI via OAC · May 2026).
How guardianship of property works for autistic adults in Ontario. Covers the Substitute Decisions Act, court applications, and alternatives to full guardianship.
Supported decision-making as an alternative to guardianship for autistic adults in Ontario. Preserves autonomy while providing assistance with complex decisions.
Children age out of OAP at 18 with no automatic transfer to adult services. Learn about the transition gap, Passport, ODSP, and planning ahead.
Commitment to Accuracy: Our data is verified against official government reports (FAO, MCCSS), peer-reviewed scientific literature, and accessible public records. Last updated: March 24, 2026.
Next Steps
These statistics represent real children missing their critical developmental windows.
Related Resources
How many children are on the Ontario autism waitlist in 2026?
VerifiedAs of May 13, 2026, 91,974 children are registered with the Ontario Autism Program. However, only 20,711 (22.5%) have an active Core Funding Agreement. This represents ~300% growth in registrations since 2019, with 71,263 children still waiting for essential funding.
Source: MCCSS FOI via OAC · Mar 2026, FAO Report 2024 · Verify Link
How long do families wait for Ontario autism services?
VerifiedOntario autism wait times for core clinical services now exceed 5+ years (Ontario Autism Coalition, July 2026). Funding invitations are currently reaching families who registered in August 2021 (Ontario Autism Coalition, July 2026 (reported from community intake)). This delay far exceeds the sensitive early intervention window recommended by developmental specialists.
Source: MCCSS FOI via OAC · Mar 2026, FAO Report 2024 · Verify Link
Is the Ontario Autism Program underfunded?
VerifiedYes. The Financial Accountability Office (FAO) determined that $1.35 billion annually is needed to serve all registered children at 2018-19 service levels. The 2026-27 Ontario Budget allocated $965 million, leaving an estimated $385M+ annual shortfall. This gap is the primary driver of the perpetual 91,974+ child waitlist.
Source: Financial Accountability Office of Ontario [FAO] · Verify Link
Registered
91,97491,974Children registered
Total in the Ontario Autism Program queue
MCCSS FOI via OAC · May 2026
Funded
20,71120,711Have active funding
Only 22.5% of registered children
MCCSS FOI via OAC · May 2026
Waiting
71,26371,263Still waiting
Registered. Diagnosed. Un-funded.
MCCSS FOI via OAC · May 2026
Verified , MCCSS FOI via OAC · May 2026
| Metric | Value |
|---|---|
| Children registered | 91,974 |
| Have active funding | 20,711 |
| Still waiting | 71,263 |