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Ontario MHA Form 21: Incapacity to Manage Property

When an in-patient of an Ontario psychiatric facility is not capable of managing their property, the examining physician certifies it on this form under subsection 54(4) of the Mental Health Act. The physician records the date of examination, the facts they personally observed, and any facts communicated by others that indicate incapacity to manage property. The officer in charge then forwards the certificate to the Public Guardian and Trustee.

Who completes it

The physician who personally examined the in-patient completes and signs the certificate. The patient is told through a Form 33 notice, and a rights adviser is notified.

Submitting and payment

How to submit it
The officer in charge of the psychiatric facility forwards the original certificate, or a PDF of the original, to the Public Guardian and Trustee.

Good to know

  • The physician must promptly advise the patient of the certificate by giving them a Form 33 notice, and must notify a rights adviser.
  • The attending physician must re-examine the patient 21 days before discharge from the psychiatric facility to decide whether they are capable of managing property.
  • If the patient is still incapable at that re-examination, the physician completes Form 24, Notice of Continuance of Certificate of Incapacity, under subsection 57(2).
  • Observations should be specific to incapacity to manage property, as the form's prompt asks, and are recorded separately from facts communicated by others.

Get the official form

Download the current version from the source each time; forms change without notice.

Form 21 - Certificate of Incapacity to Manage One's Property under Subsection 54(4) of the Act

Formule 21 - Cetificat d'incapacité de gestion des biens en vertu du paragraphe 54(4) de la Loi

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Frequently asked questions

Who receives an Ontario Form 21?

The officer in charge of the psychiatric facility forwards the original Form 21, or a PDF version of the original, to the Public Guardian and Trustee. The patient is informed through a Form 33 notice, and a rights adviser is notified.

What happens to a Form 21 at discharge?

The attending physician must re-examine the patient 21 days before discharge to decide whether they can manage their property. If the patient remains incapable, the physician completes Form 24, the Notice of Continuance of Certificate of Incapacity to Manage One's Property under subsection 57(2).

Is Form 21 bilingual?

Yes. The current edition, 6440-41 (2022/12), has the English certificate on page 1 and the French Formule 21, Certificat d'incapacité de gestion des biens, on page 2. A separate French file is also posted in the Central Forms Repository.