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Ontario|Wills & EstatesPower of Attorney - Personal Care 154 What is a Power of Attorney for Personal Care? A power of attorney for personal care is a written document in which you give someone the power to make decisions about your personal care should you become unable to make these decisions yourself. Personal care can include your health care, medical treatment, diet, housing, clothing, hygiene, and safety. Although the person you give this power to is called your "attorney", it does not mean that they are your lawyer. Usually your attorney is your spouse, a relative or a close friend.
- Purpose of a Power of Attorney for Personal Care
The main purpose of a power of attorney for personal care is to give you control and peace of mind. It lets you appoint someone you trust to make decisions on your behalf, and it ensures that your health will be in the hands of someone you have personally chosen. It also gives you a chance to determine the kind of care you may or may not want. For example, you may want to specifically request a certain kind of medical treatment over another. In this way, a power of attorney for personal care is often similar to a living will.
A living will is a document that expresses whether and how you want to be kept alive by medical machines if there is little hope of your recovery. In it, a person will generally indicate at what point they would like medical treatments to be discontinued. Though a living will can be in any written form, it often forms part of a power of attorney for personal care.
- Who can give a Power of Attorney and who can be appointed as an Attorney?
There are certain rules about who can give a power of attorney for personal care, and who can be appointed as an attorney. To give a power of attorney for personal care, you must be 16 years of age or older, and you must understand whether your attorney truly cares about your well-being, and what authority you are giving your attorney. The attorney you appoint must also be 16 years of age or older, mentally competent, and not someone who is being paid to provide you with health care, residential, social, training, or support services. If a person is being paid to provide you with any of these services, they can only be your attorney if they are also your spouse, common law spouse, same-sex partner, or relative.
Above all, you should select someone who you know well, and trust to follow your instructions or wishes. Before you make your decision, you should ask the person if they are willing to be your attorney, and discuss with them your wishes and their responsibilities. You can appoint more than one attorney, and you can also name an alternate attorney to step in if the main attorney was unable to act for any reason.
- Requirements for a valid Power of Attorney for Personal Care
To be legal, a power of attorney needs to be in writing, and signed by you and two witnesses. The two witnesses must both be present when you sign your power of attorney. People who the law does not allow to be witnesses include the attorney you are appointing, the attorney's spouse or partner, your own spouse or partner, your child or any person under the age of 18.
Drafting a power of attorney involves a number of technical legal details. It can also cause many problems if it is not done correctly. You should always consult a lawyer to prepare a power of attorney for personal care.
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