Form 33 (Ontario - Notice to Patient - Incapacity)

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.

Download Form 33

Through a Form 33 you make the assessment that the patient is incapable to (one or more of the following):

Incapacity Findings

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

How Soon Can I Treat?

If a patient receives rights advice and declines to appeal the finding, or if they do not appeal their finding of incapacity within 48 hours, then a physician can begin treating the patient.
  • After a Form 33 is issued to a patient, a Form 50 (Confirmation of Rights Advice) is filled out and given by a Rights Adviser to the physician as a notice. This confirms to the physician that rights advice was provided to the patient and will also inform the physician if the patient applied for a hearing.
  • The Mental Health Act stipulates that the forms and rights advice process applies only to inpatient settings.
  • Thus, if an individual is found incapable in the community (outpatient) setting, the physician will still make the finding of incapacity and advise the patient of their rights to contest the finding (via the consent and capacity board) – the exception is there are no forms to complete.
  • After the finding of incapacity, the patient's substitute decision maker would become the patient's decision maker.