Minister Confident New Adult Capacity Act Will Pass

Posted on Thursday, October 12, 2017 10:45 AM

Legislation to recognize the independence of adults with diminished capacity is making its way through the legislature.

The Adult Capacity and Decision-making Act would replace the Incompetent Persons Act.

Justice Minister Mark Furey says the Supreme Court of Nova Scotia struck down that act last year after ruling parts were unconstitutional.

"There was recognition that an adult has capacity to make decisions unless the contrary is demonstrated."

Furey says government reached out to stakeholders when they wrote the new Adult Capacity and Decision-making Act.

"We believe in the feedback from those subject-matter experts that the new act is constitutional and quite honestly, their input has helped shape the bill."

Furey says the new legislation addresses the court's concerns and will help adults and their families when important decisions need to be made.

The court decreed new legislation needed to be in place by December 28, 2017.