Can a mentally incompetent person designate a residence in accordance with the Social Assistance Act?

The Social Assistance Act does not draw a distinction between a mentally incompetent person and any other group. The Act treats each person the same with respect to the ability to designate a residence. If a person is competent, they are able to exercise the option of designating or not designating a residence in accordance with the Act and if the person is mentally incompetent, a family member or a friend may apply under the Incompetent Persons Act to act as guardian and exercise the right to designate or not to designate. Thus all persons are afforded the same opportunity. A Charter analysis cannot be viewed in isolation Symes v. Canada (1994) 1993 CanLII 55 (SCC), 110 D.L.R. (4th) 470 (S.C.C.).