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| Who Will Make Decisions For You? |
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.
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.
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| Kimberly Walsh, B.A., LL.B. 1212 Churchill Street, Cornwall, ON K6J 4X9 Tel. 613.938.4792 Fax 613.938.6254 kwalsh@legaldesigns.net |
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