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| THE LAW & YOUR ESTATE - Powers of Attorney |
| Who Will Make Decisions for You? |
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| The Law & You offers general comments on legal matters of concern to business and individuals. The articles are not intendend to provide legal advice or opinions. Readers should seek professional legal advice on the particular legal issues which concern them. copyright 2006 Kimberly Walsh, Cornwall, Ontario, Canada |
| What is a power of attorney for personal
care?
A power of attorney for personal care is a written direction authorizing someone (the attorney) to be your substitute decision maker in the event you cannot make decisions about your health, medical treatment and personal care. Who can be an attorney for personal care? With the exception of your paid health care workers, your attorney for personal care can be anybody over the age of 16, including your spouse, a relative or a trusted friend. What kind of decisions can your attorney for personal care make? Your attorney can make all decisions related to your personal care and health. The type of decisions could range from what you should eat, to where you should live, to whether you should see a doctor. When will your attorney for personal care make decisions on your behalf? Your attorney will make decisions only if you become incapable of making them for yourself. This will generally be determined by an evaluator, usually a social worker. What is a living will? A living will is a directive that you may include in your power of attorney for personal care. Such a directive provides information and direction about the type of medical treatment that you do and do not want in the event you are unable to speak for yourself. What if you don’t have a power of attorney for personal care? If there is no power of attorney for personal care someone must apply to the court to be appointed your substitute decision maker. This is an expensive and time consuming process. Although there will be instances where the public guardian and trustee will be asked to step in, the law is clear that this should be a last resort. What if I do not live in Ontario? The above information deals specifically with the law in Ontario. However, the gist of the information is reasonably similar to what exists in other provinces. For information about the law in other provinces click here. A lawyer can also answer your questions. |