Articles on Legal Themes

Sometimes an adult is not able to make important decisions about their health, personal care or spending. We say that they do not have capacity to make important decisions. This can be because of a brain injury, a disability, or mental health problems, or for other reasons.

People who cannot make important decisions on their own might need another adult to make those decisions for them.  In those cases a family member or other caring person can apply to court to ask to be the adult's representative decision-maker or representative.

A representative may have legal responsibilities and duties related to part or all of the adult's finances, personal and health care.  A representative may make only the decisions the adult is not able to make on their own.

The Adult Capacity and Decision-making Act gives the court the power to appoint a representative for an adult who cannot make their own important decisions. This law replaces Nova Scotia’s Incompetent Persons Act, which allowed the court to appoint a guardian for an adult. A guardian made all decisions for the adult whether the adult had the ability to decide a matter or not.

Download this pdf Adult Capacity and Decision-making information (pdf) (657 KB)

By Angela Simmonds

If you are Black in Canada – it is likely you have experienced racism in all areas of your life.  Race continues to be a significant issue in Canadian society.  Race creates and continues to sustain inequalities for African Canadians. Whether racism is upfront and in your face, such as name calling, or spoken in whispers behind closed doors, it affects every facet of people’s lives.

Racial profiling is one of the most common and harmful forms of racism faced by racialized people in their interaction with the criminal justice system. The African Nova Scotian community is subjected to much greater police surveillance and racial profiling compared with non racialized communities.

If you die without a will, you are said to die "intestate", and the rules set out in the Nova Scotia Intestate Succession Act determine who gets your estate: