Substitute Decision-Makers for Autistic Individuals in Ontario
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.
- Minimum age for personal-care POA
- 16
Key facts
The numbers behind this answer
Every answer on this site sits on the same verified counts. These are the current figures.
Ontario's figures, as of May 2026 (MCCSS FOI via OAC · May 2026).
Registered
91,974Children registered
Total registered in the Ontario Autism Program
Funded
20,711Have active funding
22.5% of registered children
Without active agreement
71,263Without an active funding agreement
An administrative status; it does not confirm current service delivery.
Show as table
| Metric | Value |
|---|---|
| Children registered | 91,974 |
| Have active funding | 20,711 |
| Without an active funding agreement | 71,263 |
About This Article
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Last updated:
When a substitute makes a treatment decision
- 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.
Planning with a power of attorney for personal care
- 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.
Consent and Capacity Board routes
- 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.
Frequently asked questions
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.
Sources
Ontario Ministry of the Attorney General
Mental capacity, health-care substitutes, priority, Public Guardian and Trustee fallback, and legal representation
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Ontario Ministry of the Attorney General
Making a power of attorney, minimum age, and personal-care authority
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Ontario Ministry of Health Central Forms Repository
Consent and Capacity Board application forms under the Health Care Consent Act
Checked
Next steps
Keep going with related guidance, tools, and evidence.
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