Power of Attorney for Personal Care
By FxDx ·
What is a Power of Attorney for Personal Care document?
A Power of Attorney for Personal Care is a legal document that lets you choose someone you trust to make personal care and health care decisions for you if you cannot make them yourself. It is commonly used in Ontario who want to plan ahead for illness, injury, aging, or emergencies. You usually make this document before a crisis happens, so your wishes are clearer and the right person can step in if needed.
When Should You Use This Document?
- When you want to choose someone you trust to make personal care decisions for you instead of leaving it to the default legal decision-maker rules.
- When ou have specific wishes about medical treatment, long-term care, housing, or end-of-life care and want someone you trust to speak for you.
- You are getting older and want to prepare in case of dementia, stroke, or another condition that affects decision-making.
- You are facing surgery or a serious illness and want a trusted person ready to help if you become incapable.
- You have multiple family members and want to reduce the chance of disagreements.
- You want to appoint a friend, partner, or another trusted person who may not otherwise be first in line to decide for you.
Who Are the Parties Mentioned in this document?
- The donor: This is the person that wants to choose someone they trust, to act for them when they can no longer make personal care decisions on their own.
- The Main Attorney: This is the person chosen to make decisions about health care, shelter, nutrition, clothing, hygiene, and safety. Here, the word “attorney” does not mean lawyer.
- Joint Attorney: This is the person chosen to make decisions together with the Main Attorney. You can specify if the Main and Secondary attorney must make decision together of if they can act separately.
- Substitute Attorney: This is the backup person who steps in if the Main or Joint attorneys cannot act.
- Witnesses: Two eligible adults must watch the donor sign the document and then sign the document themselves.
- Health professionals or evaluators: These may be the people who decide whether the donor can make a specific personal care decision, depending on the type of decision involved.
Key Clauses Explained
- Appointment clause: This names the person or people who can make personal care decisions for you if needed.
- Substitute attorney clause: This names a backup decision-maker if Main or Secondary attorney cannot act.
- Statement of understanding: This says you understand what the document does and that the person you chose cares about your well-being.
- Scope of authority: This explains the types of decisions your attorney can make, such as medical treatment, living arrangements, food, clothing, hygiene, and safety.
- Capacity determination clause: This explains how it may be decided that you are no longer able to make your own personal care decisions.
- Life-sustaining treatment language: This says your attorney may be involved in decisions about treatments that could prolong life, if the law allows and the situation requires it.
- Indemnity clause: This is meant to protect people who rely on the document in good faith from being blamed for following it.
- Revocation clause: This says older personal care powers of attorney are cancelled, unless you clearly intend otherwise.
- Signing and witnessing section: This is the formal part that helps make the document legally valid.
Information You Will Need to Complete This Document
- Your full legal name and address.
- The full legal name and address of the person you want to appoint as your attorney for personal care.
- The full legal name and address of any backup or substitute attorney.
- The place and date where you will sign the document. (Optional)
- The names and addresses of two eligible witnesses. (Optional)
Legal Considerations
- This document is intended for use in Ontario and is based on Ontario law.
- It only applies to personal care decisions, not money, banking, or property matters. A separate document is usually needed for financial decisions.
- Your attorney generally acts only if you are mentally incapable of making the specific personal care decision yourself.
- The document must be signed and witnessed properly. If it is not, there may be problems using it later.
- You do not always need a lawyer to create this document, but legal advice may help if your family situation is complicated or if you want detailed custom instructions.
- This article provides general information only and is not legal advice.
Frequently Asked Questions (FAQ)
- Is this the same as a Power of Attorney for Property?
No. This document is for health and personal care decisions. A Power of Attorney for Property is for finances, banking, bills, and assets.
- Does this document take away my rights right away?
No. You continue to make your own decisions as long as you are capable of doing so.
- Does my attorney have to be a lawyer?
No. In this context, “attorney” means the person you appoint to make decisions for you, not a lawyer.
- Can I appoint more than one person?
Yes. Many people appoint joint attorneys or name a backup attorney in case the first person cannot act.
- Who can witness this document?
Ontario law requires two eligible witnesses. Some people, such as the person you appoint, your spouse or partner, your child, people under 18, and certain others, cannot act as witnesses.
- When does this document start working?
Usually only when you are mentally incapable of making the specific personal care decision yourself.
- Can I cancel it later?
In many cases, yes, if you are still mentally capable of doing so. You may also replace it by signing a new one, depending on your situation.
- Do I need a lawyer?
Not always. Many people complete this kind of document on their own, but legal advice can be helpful in more complex situations.