Area of Law: Wills, Estates and Powers of Attorney
Answer # 1391
Can you include health care wishes in your Power of Attorney for Personal Care?
Region: Ontario Answer # 1391Yes, you can absolutely include health care wishes and instructions in your Power of Attorney for Personal Care. Including your health and personal care wishes when you are mentally capable is commonly referred to as an advance care plan or an advance directive. You can provide specific instructions for your attorney to follow if you ever become mentally incapable. For example:
Your wishes and instructions may include:
- A preference to remain in your own home for as long as possible
- Following religious practices relevant to your care (e.g. food, clothing, etc.)
- Specific treatment or care instructions (e.g. medication, life support, pain management
Including your health care wishes and instructions gives your attorney clear direction to follow. Under Section 66 and Section 67 of the Substitute Decisions Act, if you expressed a wish or instruction while you were mentally capable, your attorney must follow it. If your wishes are unclear or do not apply to the situation, your attorney must then make decisions based on what’s in your best interests, considering your known values and beliefs.
Create your Power of Attorney
Planning for the unexpected can be stressful but having a Power of Attorney for Personal Care helps make sure your wishes are followed and someone can handle your affairs if you’re unable to. It also reduces stress and uncertainty for your family. Create your Power of Attorney quickly and affordably with Legal Line Documents. Without one, important decisions can be delayed when they’re needed most.
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