- Do the benchmarks for reform accurately reflect the objectives that the options for reform in this project must meet to be effective?
- Have you experienced challenges in establishing a legal representative for the RDSP? If so, what were those challenges?
- Do adults, families and other interested parties face challenges with respect to establishing a legal representative for RDSP beneficiaries in Ontario that have not been identified in this discussion paper?
- What do you believe the goals for reform in this project should be?
- How do Ontario’s commitments to adults with mental disabilities affect the need and options for reform in this project?
- Do you have experience with a special limited POA for the RDSP in Saskatchewan?
- Are there lessons to be learned from provinces with a specific process to appoint a legal representative for RDSP beneficiaries?
- Would it be appropriate to lower Ontario’s threshold for capacity to grant a POA for property management for the specific purpose of establishing a legal representative for RDSP beneficiaries?
- If a different threshold for capacity to execute a personal authorization for the specific purpose of establishing a legal representative for RDSP beneficiaries were accepted in Ontario, what definition of capacity would be flexible enough to meet the needs of RDSP beneficiaries?
- Would a threshold for capacity based on the common law standard or non-cognitive criteria increase an RDSP beneficiary’s risk of vulnerability to financial abuse and misuse of a legal representative’s powers?
- How would a supported decision-making arrangement or representation agreement for the specific purpose of establishing a legal representative for RDSP beneficiaries impact third parties?
- How could a personal appointment process for the specific purpose of establishing a legal representative for RDSP beneficiaries be implemented in the Ontario context? Would it require an amendment to the SDA or the enactment of a standalone statute?
- Would a co-decision making arrangement be flexible enough to meet the needs of RDSP beneficiaries?
- How would a co-decision making arrangement for the specific purpose of establishing a legal representative for RDSP beneficiaries impact third parties?
- Could a streamlined court process be used for the specific purpose of establishing a legal representative for RDSP beneficiaries as an “alternative course of action” to guardianship? Would an amendment to the SDA or enactment of a standalone statute be necessary to expand the Superior Court of Justice’s mandate?
- What measures would be required to make a streamlined court process for the specific purpose of establishing a legal representative for RDSP beneficiaries fair, cost-effective, speedy and user friendly?
- Is there a role for community organizations in providing enhanced support at the front-end of a streamlined court process for the specific purpose of establishing a legal representative for RDSP beneficiaries?
- Would it be feasible to integrate a process for the specific purpose of establishing a legal representative for RDSP beneficiaries into the existing mandate of the Consent and Capacity Board?
- Should an external appointment process for the specific purpose of establishing a legal representative for RDSP beneficiaries be based on an assessment of capacity or an adult’s need for assistance in RDSP decision-making?
- Could a trustee act as a legal representative for RDSP beneficiaries in Ontario?
- Who would have legal authority to create a trust for the specific purpose of establishing a legal representative for RDSP beneficiaries and to transfer the RDSP funds to the trustee?
- What measures would be required to implement a trust mechanism as an option for reform in Ontario?
- Would a self-designated trust based on the common law threshold for capacity be flexible enough to meet the needs of RDSP beneficiaries in Ontario?
- Could a streamlined court process to appoint a trustee as a legal representative for RDSP beneficiaries be integrated into the Superior Court of Justice’s existing jurisdiction over trusts?
- Could an Ontario government agency be charged with approving a deed of trust for the specific purpose of establishing a legal representative for RDSP beneficiaries? If so, which government agency would be suitable?
- Could an Ontario government agency administer an appointment process for the specific purpose of establishing a legal representative for RDSP beneficiaries? If so, which government agency would be suitable?
- How would a government agency administered process for the specific purpose of establishing a legal representative for RDSP beneficiaries operate? Could it draw on knowledge of existing programs, such ODSP trustee appointments?
- Should a government agency appointment process for the specific purpose of establishing a legal representative for RDSP beneficiaries be based on an assessment of capacity or an adult’s need for assistance in RDSP decision-making?
- How would the options for reform in the choice of arrangements meet the benchmarks for reform in this project (see Chapter I.C.2, Benchmarks for Reform, beginning page 5)?
- Are there options for reform in the choice of arrangements that are to be preferred over others? If so, why?
- Are there other options for reform in the choice of arrangements that were not identified in this discussion paper?
- How can an RDSP beneficiary’s meaningful inclusion in decision-making activities be ensured once a legal representative is appointed?
- Should an RDSP beneficiary with a legal representative be entitled to make decisions for him or herself, where possible?
- To what extent should a legal representative be required to consult with an RDSP beneficiary to determine his or her wishes and to obey an RDSP beneficiary’s instructions?
- How can legal representatives for RDSP beneficiaries be protected from liability where they have adhered to an expected standard of care?
- What measures could provide third parties with the certainty that they can reasonably rely on a decision-making arrangement for RDSP beneficiaries as one that is legally valid?
- Could awarding a legal representative the sole responsibility to enter into RDSP transactions promote certainty, finality and protection from liability for third parties?
- Should the scope of a legal representative’s authority be restricted to that of a plan holder with full or partial powers, or extend to assisting beneficiaries manage payments out of the RDSP?
- What are the implications of extending the scope of a legal representative’s authority beyond that of a plan holder?
- Could the scope of a legal representative’s authority affect the timely implementation of reforms in Ontario?
- Should eligibility to act as a legal representative for RDSP beneficiaries be extended to organizations? If so, what types of organizations would be suitable?
- Are supplementary safeguards that complement Ontario’s existing framework under the SDA needed in the context of the RDSP?
- What additional measures should be implemented to safeguard RDSP beneficiaries against financial abuse and the misuse of a legal representative’s powers?
- Are there ways to promote coherence between a process for the specific purpose of establishing a legal representative for RDSP beneficiaries and other laws in Ontario?
- Are there ways to create consistency in a process for the specific purpose of establishing a legal representative for RDSP beneficiaries across Canada?
- Do the options for reform raise implications for the implementation of effective reforms in the Ontario context that were not identified in this discussion paper?
- Do you have any other comments on this discussion paper or on the LCO’s project more generally?
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