Power of Attorney for Personal Care

What is a power of attorney for personal care?

A power of attorney for personal care is a document in which you appoint an attorney to make decisions concerning your personal care if you are incapable of doing so. In Ontario, it is subject to the Substitute Decisions Act, 1992.

What is an attorney for personal care?

An attorney for personal care is a person who you appoint to make personal care decisions on your behalf if you become incapable of doing so.  These decisions include consents to treatment and decisions concerning nutrition, shelter, clothing, hygiene and safety. An attorney here is different than a lawyer.

When would I be incapable?

You are incapable if you cannot understand information that relevant to making a decision concerning your own health care, nutrition, shelter, clothing, hygiene or safety, or are unable to appreciate the natural consequences of a decision or lack of decision.  The power of attorney can set out the method for determining whether you are incapable, for example by one or two doctors.  If the power of attorney does not set out any method, a licensed assessor makes that determination.

What are the requirements to make a valid power of attorney for personal care?

In order for a power of attorney for personal care to be valid, you must be able to understand whether the proposed attorney has a genuine concern for your welfare; and appreciate that the proposed attorney may need to make decisions for you.  You must also be at least 16 years old.

Who should I choose as my attorney?

You should choose someone who has a genuine concern for your welfare.  This could be a spouse, children, sibling or even close friends. You should also consider their ability to oversee your personal care.  Consider items such as their proximity to you, capabilities and other demands on them.

You can appoint more than one attorney, as well as alternate attorneys, who would act if one or more initial attorney's are unable to do so.

How are they signed?

A power of attorney for personal care must be witnessed in the presence of two witnesses who cannot be the attorney, the attorney's spouse or partner, the child of the person making the power of attorney, a minor and certain others.