Please note that the following information is being provided for educational and informational purposes and does not constitute legal advice. If you require a lawyer, you should make a post on Dynamic Legal Forms (100% free and anonymous). We have trusts and estates lawyers registered who can help you with preparing your will, power of attorneys (for property and personal care), and living wills. If you’d like to learn more about Powers of Attorney in Ontario, check out our FREE Legal Guides.
This is the first part of two posting about Power of Attorneys for Personal Care in Ontario.
What are Power of Attorneys for Health Care in Ontario?
A Power of Attorney for Personal Care is a legal document made under the Ontario Substitute Decisions Act wherein a person grants their decision-making authority over their health and personal care to another person (called an “attorney”): s. 46. When the Power of Attorney for Personal Care takes effect (i.e. when the person becomes incapacitated or otherwise unable to make decisions about their personal care on their own, etc.), the attorney takes over to make these decisions.
Note: the word “attorney” does not mean that the person is or becomes a lawyer. They are simply the person appointed as such and nothing more.
A Power of Attorney for Personal Care deals with things like health care and medical treatment, diet, housing, clothing, hygiene, and safety.
Remember: you can entirely limit the powers of your attorney such that they do not have the power to handle some of your personal or health-related affairs.
What are the benefits of having a Power of Attorney for Personal Care?
The benefits of having a Power of Attorney for Personal Care include:
- Having control over who makes decisions on your behalf (and sometimes how they make those decisions) concerning your health care when you can no longer do so; and
- Avoiding litigation (and the wasted time, money, and effort) to see who will be appointed to be your representative or guardian.
What if someone does not have one?
If you do not have a Power of Attorney for Personal Care, your family automatically receives authority to make certain personal care decisions on your behalf. Also, a friend or relative can apply to the court to become your guardian.
By the way, if you need a Power of Attorney for Personal Care, then look no further:
This Legal Form can be used to appoint a person to make personal care decisions on your behalf when you are no longer able to do so. We also have a Continuing Power of Attorney for Property available on Dynamic Legal Forms if you need one, as well as a Living Will (these things are typically done all at the same time with your Last Will and Testament). Here’s the sample Video Guide that comes with this Power of Attorney for Personal Care: