A Form 33 (Notice to Patient under Subsection 59(1) of the Act and under Clause 15(1) (a) and 15.1 (a) of Regulation 741) under the Ontario Mental Health Act is a form given to a patient anytime a physician deems them incapable to consent to treatment, manage their own property, and/or manage the collection/release/use of their health information.
Through a Form 33 you make the assessment that the patient is incapable to (one or more of the following):
Incapacity Type | Assessment Needed | Additional Forms Needed | Next Steps |
---|---|---|---|
Treatment Incapacity | Informed Consent and Capacity Assessment (ON) | None | • You must immediately find a substitute decision maker (SDM) • If you are unable to locate an SDM (after making a reasonable effort to find one) you must contact The Office of the Public Guardian and Trustee (OPGT), and have the Public Guardian and Trustee take over decision-making. |
Property/Financial Incapacity | Financial Capacity Assessment (ON) | Form 21 | • Contact The Office of the Public Guardian and Trustee (OPGT) • Give this to patient: Handout for Patients Deemed Financially Incapable |
Collection/Use/Release of Health Information Incapacity | Ask the patient! | None | • Document this in the chart |