Power of Attorney for Personal Care Guide
Table of Contents
Key Takeaways
- An Ontario POA for Personal Care is a legal document you use to appoint someone to make personal care decisions for you.
- The person you appoint is called your attorney, and they only step in if you become mentally incapacitated.
- Your attorney makes decisions about matters like your health care, living arrangements, and daily needs.
- They must act in your best interests and follow your expressed wishes.
- Your attorney must be over 16 years old, but certain professionals like your doctor or landlord cannot be appointed.
- It’s a good idea to name a substitute attorney in case your original choice is unavailable.
- This document must be signed and witnessed on physical paper, with wet ink. You can complete the process online with NotaryPro in 7 minutes during a video call.
Have you ever wondered who would make decisions about your living arrangements and health care if you became incapacitated? Creating a Power of Attorney for Personal Care (POAPC) empowers you to ensure the right person would have decision-making power.
If you need to draft one, you can get started with our free Power of Attorney for Personal Care template. Read on to learn when you’ll need a POAOC in Ontario, how to create one, and tips to ensure yours is legally valid.
What is a Power of Attorney for Personal Care in Ontario?
A Power of Attorney for Personal Care is a legal document that authorizes another person(s) to make decisions about your personal care. This person is called your attorney, but they don’t have to be a lawyer. Your attorney only steps in to make personal care decisions on your behalf if you become incapable of making them yourself.
A POA for Property isn’t the same as a POA for Personal Care; a Property POA deals only with decisions regarding your finances. Your attorney for personal care does not have to be the same as your attorney for property.
To learn more about a Continuing Power of Attorney for Property, see our free template here.
The Purpose of a Power of Attorney for Personal Care
Completing a POAPC gives you control over who will make decisions on your behalf if you are mentally incapacitated. If you don’t have an attorney for personal care, a family member cannot make all personal care decisions for you.
Without a POAPC, a substitute decision-maker may be chosen based on the hierarchy outlined in the Health Care Consent Act (HCCA). For more information, see A Guide to Substitute Decision-Making Brochure.
Who Can Make a Valid Power of Attorney for Personal Care?
To create a POAPC, you must be at least 16 years old and have a certain level of mental capacity. In this situation, you would need the mental capacity to understand:
- whether the person you name as your attorney is genuinely concerned with your well-being; and
- that you may need this person to make personal care decisions for you.
What Decisions Can an Attorney for Personal Care Make?
if you are rendered mentally incapable of making personal care decisions, you can appoint an attorney to make them for you. Simply put, personal care decisions encompass decisions about your living situation and health care.
More specifically, health care decisions include the following:
- Agreeing to or refusing medical treatments
- Choosing a long-term care home and when you will move in
- Coordinating personal assistance services in a care facility
Personal care decisions in your POAPC include decisions about:
Your housing
- What you’ll eat
- What clothing you’ll wear,
- Your washing and bathing
- Keeping you safe
What Responsibilities Does a Personal Care Attorney Have?
Attorneys for Personal Care are required to make critical decisions regarding your personal and health care matters. They are responsible for:
- Making treatment decisions based on your previously expressed capable wishes (or best interests, if wishes are unknown).
- Consulting with family and friends who provide personal care for you.
- Fostering your independence.
- Acting diligently and in good faith.
- Choosing the least restrictive and intrusive courses of action.
- Fostering regular personal contact between you and relatives or friends.
- Encouraging you to participate in decision-making to the extent you are able.
Choosing a Personal Care Attorney
Choosing a personal care attorney is not a decision to take lightly. This person will be making choices that profoundly affect your life, so they should have your best interest at heart. Many people choose to name a trusted family member, lifelong friend, or spouse.
To qualify as your attorney, the person you appoint must meet the below requirements:
- be at least 16 years old;
- be someone you know very well, and can trust with critically important decisions; and
- be willing to be your attorney and take on the responsibilities you assign to them.
Certain people are not legally permitted to act as your attorney for personal care. You cannot appoint anyone who provides you with health care or residential, training, social, or support services for compensation. The exception to this rule is if the person is also your spouse or relative. The below individuals cannot be your attorney:
- anyone who provides care for you where you live;
- your landlord;
- your counsellor, social worker, or teacher;
- Your doctor, therapist, nurse or other health care provider; or
- Your attendant or homemaker.
Keep in mind, you are not required to appoint an attorney for personal care, it’s entirely your choice. Your attorney may become responsible for critical decisions that impact your well-being and quality of life. If you decide to appoint an attorney for personal care, you should do so of your own free will, without pressure from anyone. If you’re unsure about appointing someone to be your attorney, speaking with family, close friends, or a lawyer is a good idea.
Naming a Substitute Attorney for Personal Care
It’s wise to name a substitute attorney in case your original attorney is unable to act for you for any reason. Your original attorney may become sick, go on vacation, or pass away. They also may not be willing or able to act on your behalf when the time comes. Therefore, it’s important to have a backup attorney in place if a decision must be made quickly. Your substitute attorney will have the same authority and powers as the attorney they’re replacing.
Can You Have More than One Attorney for Personal Care?
If you’d like, you can appoint more than one person to be your attorney. Some people assign certain decisions to specific attorneys or have multiple attorneys responsible for the same decisions.
You can split up your attorney’s decisions any way you’d like; one attorney can make treatment-related decisions, while another makes decisions about shelter and nutrition.
By default, if you name multiple attorneys in your POAPC they must act together and both sign off on all personal care decisions. This means one cannot finalize a decision without the other’s approval. Some people feel more at ease with a second check in place.
However, requiring your attorneys to act together may complicate things if difficult decisions need to be made quickly. If you have more than one attorney but want them to make decisions independently, you can note this in your POAPC. Write that your attorneys can act jointly and severally to ensure one attorney can make decisions without the other’s approval.
Ensuring Your POAPC is Legally Valid
A valid POAPC should contain the following information:
- Your full name, address, and signature
- The name(s), address(es) of your attorney(s)
- The name(s), address(es), and signature(s) of your two witnesses
- The scope of authority you’re giving your attorney
- If you have more than one attorney, whether they can make decisions separately
- Conditions or instructions you’d like your attorney to follow
Your witnesses cannot be:
- Your attorney
- Anyone under 18 years old
- Your attorney’s partner or spouse
- Your spouse, partner, or child
- Anyone who has a “guardian of property”
- Anyone who has a “guardian of person”
In Ontario, you can draft your Power of Attorney for Personal Care without a lawyer. To ensure your POAPC is valid, ensure that it meets the following criteria:
- You must store your POAPC as a physical printed document (you cannot store it online)
- All the signatures must be in wet ink at the end of the document
- You must be mentally capable of giving someone the authority to be your attorney.
- You (the person writing the POAPC) are over the age of 16
- Your attorney(s) are at least 16 years of age
Giving Your Personal Care Attorney Special Instructions
Many individuals choose to include guidelines for their attorney(s) in their POAPC to ensure their preferences are respected. An attorney must act according to your most recently expressed capable wishes, whether they are written or verbal.
You can give your attorney special instructions about the type of care you want (or don’t want) in specific situations. You would include these special instructions at the bottom of your POAPC. Some individuals choose to limit their attorney to specific categories of personal care (e.g., shelter, nutrition, clothing, and hygiene).
If your attorney doesn’t have permission to make decisions in a particular area, a court may appoint a guardian to make them. It’s important to carefully consider the implications of limiting your attorney’s authority and ensure they have sufficient decision-making power.
Draft POA for Personal Care
When is a Power of Attorney for Personal Care Used in Ontario?
In Ontario, your attorney will only step in if you are considered mentally incapable of making personal care decisions yourself. They also don’t have to make all personal care decisions for you. You may be capable of making day-to-day choices, but require your attorney to make serious health decisions for you.
Your attorney typically decides whether you are mentally incapable, but some exceptions exist. If a decision relates to medical treatment or admission to a long-term care facility, a health professional must assess your capacity first.
You can also state in your POAPC that your attorney must get independent evidence of your incapacity before making decisions for you. This evidence can be a letter from your doctor or another health care professional.
Revoking a Power of Attorney for Personal Care in Ontario
You can revoke your POAPC at any time if you believe your attorney will not or cannot fulfil their duties. However, you must have the capacity to make this decision. You can revoke your POAPC by:
- Writing a notice of revocation and giving it to your attorney.
- Destroying your original POAPC document.
- Appointing a new attorney by creating a new POAPC document, which automatically nullifies the previous one.
It’s essential to inform your attorney, health care providers, and all relevant parties about the revocation to ensure everyone is aware of the change.
Draft a Power of Attorney for Personal Care Today
Creating a POAPC is a proactive step toward safeguarding your personal care and well-being. Designating a trusted individual helps you ensure your wishes are honoured and major decisions are made by someone who respects your values.
A POAPC gives you peace of mind knowing that your daily needs and health care will be managed according to your preferences. With proper planning, you can rest assured that your personal care will always be in good hands.
Take charge of your future. Use NotaryPro’s lawyer-vetted, free Power of Attorney for Personal Care template to draft yours today!