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Ontario|Wills & EstatesPower of Attorney - Personal Care 155 When does a Power of Attorney for Personal Care take effect and can you revoke it? A power of attorney for personal care only takes effect if you become mentally incapable of making some or all of your personal care decisions, and can generally be revoked at any time up to that point.
- When does it take effect?
Most often, it will be the person you have appointed as your attorney who decides the point at which you have become incapable of making personal care decisions. However, if you want someone else to be responsible for deciding when you have become incapable, you can name them in your power of attorney documents. For example, you may want a formal assessment by a medical professional to confirm your incapacity. You could name a particular medical professional, or you could just make a general request that your incapacity be confirmed. In this case, the person who assesses you is called a "capacity assessor".
- Can you revoke it?
Generally, a power of attorney lasts until your death. However, you can revoke a power of attorney at any time if you are mentally competent. By revoking a power of attorney, it means that it is cancelled and no longer effective. There is no special form that must be completed to revoke a power of attorney. However, to legally cancel your power of attorney, you must put in writing that you are revoking the power of attorney, and sign it in front of two witnesses. The two witnesses must both be present when you sign. The two witnesses must then also sign. The witnesses do not need to be the same witnesses who signed the original power of attorney. However, there are restrictions on who can be a witness to the cancellation of your power of attorney. The following people cannot be a witness: your attorney, the spouse or partner of your attorney, your own spouse or partner, your child, anyone under the age of 18, or anyone who has been appointed as your guardian. Your power of attorney will not be cancelled if the revocation is not properly witnessed.
You should also give a copy of the revocation to anyone who was aware of the previous power of attorney. This way, they will know that it has been cancelled. To revoke your power of attorney you should consult a lawyer.
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