In Ontario, a Power of Attorney for Personal Care is a legal document that allows someone you choose to make health-related and personal care decisions on your behalf if you become mentally incapable. Incapable means you are unable to understand information relevant to a decision, or unable to appreciate the consequences of making that decision. An attorney must make decisions based on your best interests. These decisions can be about your medical treatments, nutrition, safety, and living arrangements. Section 66 and Section 67 of the Ontario Substitute Decisions Act outline the duties of guardians of the person and attorney for personal care.

These duties include:

• The attorney must act diligently and in good faith when exercising their decision-making authority
• If the attorney knows of a wish or instruction the incapable person expressed while they were capable, the attorney should make decisions in accordance with that wish or instruction
• The attorney must use reasonable diligence to determine whether such wishes or instructions exist
• The attorney should make decisions based on the incapable person’s best interest when wishes or instructions are unclear
• The attorney should determine the incapable person’s best interests by considering their known values and beliefs
• The attorney’s decisions should aim to improve the person’s quality of life and prevent it from declining
• The attorney should generally keep records of decisions made
• The attorney should encourage the incapable person to participate, to the best of their abilities, in decisions
• The attorney should generally consult with the person’s supportive family members

If a person expressed their wishes or requests (written, verbal, or another form) while they were mentally capable, those guidelines and instructions can be included in the legal document for decision-making purposes. If there are certain decisions you do not want your attorney to make, include those details in the legal document. Sharing your values, wishes, and beliefs with your attorney can also help them make decisions based on your best interests when your wishes are unclear.

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’s Power of Attorney form. Without one, important decisions can be delayed when they’re needed most.

Start now—it only takes a few minutes.

								
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