When there is any concern that a client cannot capably make their own decisions about their financial or legal matters, it is important for a planning professional to inform their client that a person typically cannot self-identify whether they are incapable to make decisions. That person will need to rely on others to identify whether they are capable or not, so as to protect their interests from harm.

Throughout the past 5 years, my work with the Capacity Clinic has led to developing evidence-based solutions to both screen for risk of incapacity, and to improve standardization of assessments to reduce the potential for unreliability in assessment outcomes. With the engagement of stakeholders in legal, financial, health and housing sectors, we discovered that existing financial, health and mental health literacies do not connect with each other when it comes to identifying and responding to risk of decision-making incapacity.

Health Literacy

Health and personal care decision-making is impacted by a person’s prior knowledge described as health and mental health literacies, and advance care planning. ‘Health literacy’ is the ability to access, understand, appraise and use information and services in ways that promote and maintain good health and well-being. ‘Mental health literacy’ is the knowledge and beliefs about mental disorders which aid their recognition, management or prevention. ‘Advance care planning’ is the process of thinking about what matters most in your life and what that means for your health and personal care. These concepts may refer to planning for possible incapacity, but only for health issues.

Financial Literacy

‘Financial literacy’ is the knowledge, skills, attitudes and behaviours necessary to make sound financial decisions to achieve financial well-being. ‘Estate planning’ is the process to plan financially for possible incapacity and death, but does not describe how to recognize incapacity, and emphasizes planning for managing an estate after death.

These literacies are considered in silos and are disconnected; therefore a holistic picture of the person is lacking. In response, I am excited to participate in the launch of a Not-for-Profit called the Canadian Centre for Decision-Making Capacity, https://www.incapacityliteracy.org/.

Our initial research currently underway is a narrative literature review to be the first to develop the concept of Incapacity Literacy, which we define as: “The acquired knowledge of health, mental health, financial, and legal information to bridge the gaps between siloed literacies needed to plan for one’s own possible incapacity and the skills to respond to incapacity in others across the spectrum of decision-making in health, law, and finance; to appropriately promote personal autonomy while protecting those vulnerable to risk of harm with supported or substitute decision-making.”

The Canadian Centre for Decision-Making Capacity will be committed to establishing Canada as a world leader in Incapacity Literacy; to promote autonomy appropriately while protecting vulnerable people from harm through evidence-based methods, research, training and advocacy.