Power of Attorney

General Information

What is a power of Attorney?
A power of Attorney is a legal document that gives someone else the right to act on your behalf.

Are there different kinds of Power of Attorney?
Yes, there are three kinds of Power of Attorney.

A Continuing Power of Attorney for Property covers your financial affairs and allows the person you name to act for you even if you become mentally incapable.
A Power of Attorney for Personal Care covers your personal decisions, such as housing and health care.
A non-continuing Power of Attorney for Property covers you financial affairs but can’t be used if you become mentally incapable. You might give this Power of Attorney, for example, if you need someone to look after your financial transactions while you’re away from home for an extended period of time.

Does the law require everyone to have a Power of Attorney?
No. Making a Power of Attorney is voluntary. No one can be forced to make one.

What does the term “attorney” mean?
The term refers to the person of persons you have chosen to act on your behalf who is called your attorney.” He or she does not have to be a lawyer.

What does the term “mentally incapable” mean?
It means different things for different types of decisions and actions. For example, the level of mental capacity a person needs in order to make a valid power of attorney is different from the capacity needed to make personal care of financial decisions. The definitions are provided below under the topic headings.

What is a “living will?”
The expression ‘living will” is sometimes used to refer to a document in which you write down what you want to happen if you become ill and can’t communicate your wishes about treatment. It is quite common, for example, for people to write a “living will” saying that they do not want to be kept alive on artificial life supports if they have no hope of recovery. The term “advance directive” is also frequently used to refer to such as document. Some people also use the phrase “proxy directive” to describe a document that combines a Power of Attorney and a “living will.”

To find our more about living wills and related matters you may wish to contact a lawyer.

Is a ”living will” the same thing as a “Power of Attorney”?
No. A Power of Attorney is a legal document in which you name a specific person to act on your behalf. You can, however, write your treatment wishes (your “living will” or “advance directive”) down in your Power of Attorney document so that you can be sure your attorney is aware of them. A “living will” just addresses your treatment and personal care wishes and does not need to name anyone or be written in any specific way.

Is a Power of Attorney or “Living will” the same thing as a “Last Will and Testament”?
No. Your Last Will and Testament, covers the distribution of your property after you die and only takes effect upon your death. A Power of Attorney and a “living will” only apply while you are alive and cease to be effective upon your death.

Do I have to register my Power of Attorney or “living will” with the government?
No. There is no requirement that these documents be registered. The government does not keep a registry. It makes sense, however, to make sure that the people in your life who need to know about these documents, especially your attorney, have a copy or know where to get one if needed.

Is a Power of Attorney or “living” effective outside my province?
It depends on the law of the particular place where you want to use the Power of Attorney. If you are going to move or be out of the province or country for some time you may want to check with a local lawyer to see if you need t make new documents.

If I don’t make a Power of Attorney or a “living will” will the government automatically step in if I can’t manage my own affairs?
No. In these circumstances a family member has the right to make your health care decisions or apply to become “guardian” of property. Alternatively, someone else, such as a close friend, for example, could apply to act for you in these matters. The government, through the Office of the Public Guardian and Trustee acts only in situations where no other suitable person is available, able and willing.

For more information about applications for guardianship please see a lawyer.

Do I have to use a lawyer to make my Powers of Attorney or “living will”?
The law does not require you to use a lawyer’s services, but you may wish to consider this, especially if your affairs are complicated. It is recommended by this website that you consult a lawyer at all times.

Where can I get Power of Attorney and “living will” forms?
Your lawyer can draft a form for you. Alternatively, some bookstores sell forms and there are also some forms on the Internet. There are different forms for a “living will” available at most bookstores.

Does the government also provide a “Will Kit” or similar forms that I can use to make my Last Will and Testament?
No. It is difficult to make one form that would adequately cover the many diverse situations that people may want to reflect in their Wills and provide all the information that people need to plan properly. However, there are forms available on the Internet or at bookstores that people with very simple situations may find useful.

If a witness to a power of attorney dies, does the power of attorney become invalid?
No. The subsequent death of one of the witness does not affect the validity of the power of attorney.

If there is more than one power of attorney, which one is valid?
The most recent CPOA is valid unless you state, in that document, that you intend to have more that on CPOA.

Can a power of attorney be challenged?
Yes, but only a court has the final say.

Will the Office of the Public Guardian and Trustee agree to be appointed in a power of attorney?
The OPGT rarely consents to act under a CPOA. The OPGT’s mandate is to act as guardian for mentally incapable adults who have no one else available, willing and suitable to act on their behalf.

Will the OPGT help me fill out my CPOA or provide me with legal advice?
No. The OPGT cannot provide private legal services to individuals or assist you in completing the document. Any questions about your personal situation should be directed to your own lawyer.

Continuing Power Of Attorney For Property

Do I have to use a specific form to make my continuing Power of Attorney for Property (CPOA)?
No. A special form is not required. But to be valid, the document must:

Be called a Continuing Power of Attorney for Property or say that it allows your attorney to continue acting for you if you become mentally incapable.
Name one or more persons to act as your attorney for property.
Be signed by you and dated.
Be signed by two witnesses who saw you sign the document.

I made my CPOA several years ago and it only has one witness. Does this make it invalid?
No. although the law was recently changed to required two witnesses, the new law accepts ones that were made under the “old” law with only one witness.

Who is allowed to make a CPOA?
Anyone who is 18 years of age or older and who has the necessary level of mental capacity can make a CPOA.

What level of mental capacity is needed to make a CPOA?
Mental capacity, in this situation, means that you:

Know what property you have and its approximate value.
Are aware of your obligations to the people who depend on you financially.
Know what you are giving your attorney the authority to do.
Know that your attorney is required to account for the decisions he or she makes about your property.
Know that, as long as you are mentally capable, you can revoke (cancel) this Power of Attorney.
Understand that if your attorney does not manage your property well its value may decrease.
Understand that there is always a chance that your attorney could misuse his or her authority.

Who can I appoint as my attorney for property?
The law allows you to appoint anyone you choose as long as he or she is 19 years of age or more. You can name someone who lives outside the province. You can also name more that one person.

Should I appoint the same person that I appoint as my Estate Trustee (Executor) in my will?
Your CPOA is only effective during your lifetime and has nothing to do with your Will. There is no reason, however, why you shouldn’t name the same person and some people choose to do this as it can make the administration of their estate simpler.

What should I think about in choosing an attorney for property?
This is a very important decision and needs a lot of careful thought. Remember, your attorney will have full access to your money and other property.

Consider whether the person is willing to take on this job, if needed. There is a lot of work involved and the law expects your attorney to meet very high standards. Consider whether the person is trustworthy, responsible and good at handling finances. Will he or she make sure you have all the things you need? Will your privacy be respected? Can you trust the person not to misuse your money? These are some of the things you should consider before you decide.

I want to name a specific family member but I’m worried that this will cause conflict. Is there anything I can do to prevent this?
There are a number of options that may help, depending on your situation and personal preferences.

Conflict can often be avoided by telling your family in advance and explain the reasons for your choice. Sometimes conflict is created because the rest of the family doesn’t know what your attorney is doing with your money. To avoid this, some people name more than one family member and require that all decisions and transactions be approved by both of them. This can reduce distrust but it can also create conflict if they disagree about matters. Other people simply choose to specify in their CPOA that all the family must be kept informed about decisions and provided with full information. Another way to avoid family conflict is to name someone else such as a close friend, a trust company or lawyer.

If you anticipate that someone may challenge your CPOA by saying, for example, that you aren’t mentally capable, it would be advisable to consult with a lawyer. You may also want to ask your doctor for a medical report confirming you capacity.

If I appoint more that one attorney will they have to do everything together?
Yes, unless you say in the CPOA that they can act jointly and severally.” If you include this phrase, either of your attorneys will be able to act alone on your behalf. If one is away or sick, for example, the other would still be able to sign cheques and give instructions on your behalf.

Can any be a witness to my CPOA?
No. There are some restrictions. The following people cannot act as witnesses:

Your spouse, partner, child, or someone you treat as a child.
Your attorney or your attorney’s spouse or partner.
Anyone under the age of 18.
Anyone who has a “Guardian of Property” (someone appointed by a court because they are mentally incapable of managing their property).
Anyone who has a “Guardian of Person” (someone appointed by a court to make personal care decisions for them because they are not mentally capable of making their own decisions).

Note: a person is your “spouse” if:

You are married to them.
You have lived together common-law for at least a year.
You have had a child together.

A person of either sex is your “partner” if you have shared a place to live with them for at least a year and you have a close personal relationship of primary importance to both of you.

Can a witness be held responsible if the CPOA is later found to be invalid because the person who made the CPOA was incapable?
Witnesses are required to act in good faith and should refuse to witness the CPOA if they have reason to question the mental capacity of the person who is signing it. As long as they meet these standards they will not be held responsible even if the CPOA is subsequently challenged.

What should I do with my CPOA after I have Completed it?
It depends on you situation. Many people choose to put it in a safe place that their attorney knows about and can access quickly if needed. Others choose to leave it with a trusted third party such as their lawyer, with specific instructions about when to release it.

If you do this, however, it is important to remember that it may be many years if ever, before your CPOA is needed and the person you have left it with may have moved away or even died in the mean time.

It is strongly recommended that you to your bank and make sure they put a copy of your Power of Attorney on file and confirm that arrangement. You should also send a copy to any other financial institutions that you deal with.

You should review your CPOA every few years, just as you would your Will. Circumstances can change and you wouldn’t want to overlook such as important matter inadvertently.

Can my bank refuse to recognize my CPOA?
As long as your CPOA appears to be properly completed and witnessed and the bank has no reason to suspect that it is invalid, it should be recognized. But it is wise to give your bank a copy of your CPOA so that they will have it on file.

What if my bank insists that I make my Power of Attorney on its own form?
You should think carefully before you sign these forms. The bank's form will likely only cover your bank accounts and investments with that institution and not any of your other assets. Signing it could also cause the Power of Attorney you have drafted to be revoked, leaving you with no one able to handle your other affairs if needed.

If the bank refuses your Power of Attorney you may wish to raise this issue with supervisors at the bank's head office or consult a lawyer.

When will my CPOA take effect?
Your attorney will be able to use the CPOA as soon as it is signed and witnessed, unless you say otherwise in the document. You might , for example, want to say that the power of attorney can only effect once you have been determined to be incapable of managing your property. If you do this, it is wise to say how your incapacity will be determined. A letter from your doctor might be sufficient, for example. But think carefully before you set these type of conditions as it may result in complications and delays if the need to use the document arises. You may instead wish to simply have an unwritten agreement with your attorney that he or she will use it only if you can't look after these matters yourself and trust that your attorney will make the right decision at the time.

What does “incapable of managing property” mean?
It means that a person can't understand information about his or her property or finances or is unable to appreciate what could happen as a result of making a certain decision (or not making a decision about these issues.

What powers will my attorney have?
Unless you restrict your attorney’s powers, he or she will be able to do almost anything that you can do concerning your finances. Your attorney can sign documents, start of defend a lawsuit, sell property, make investments and purchase things for you. Your attorney cannot, hover, make a Will or give a new CPOA on your behalf.

Is my attorney entitled to be paid?
Yes. Your attorney is entitled to take payment from your funds at a rate specified by law unless you say otherwise in your CPOA Of you want to set the amount yourself, or you don’t want your attorney to be paid at all, write this in the document.

If your CPOA is silent on the matter of payment your attorney will be entitled to:

3% of money received.
3% of money paid out on the incapable person’s behalf.
2/5 of 1% of the average annual value of the person’s assets.

Is my attorney required to keep my financial Information confidential?
Yes, your privacy must be respected unless:

You specifically authorize your attorney to disclose information by writing this in your CPOA.
Your attorney needs to disclose information to carry out his or her duties or be abide by the law.

Is my attorney required to report to me?
It’s up to you. Your attorney is required to provide you with a full accounting whenever you ask for one.

What if I, or someone else, discover that my attorney is mismanaging or stealing my money?
You may elect to revoke your Power of Attorney, demand a full accounting and consider making a claim for any lost funds. If the matter involves theft, a report to the police should be considered.

If someone else has evidence suggesting mismanagement or theft and believes that you are mentally incapable they may wish to ask the court to review the accounts and records your attorney is required to keep. This process is called a “passing of accounts.” they may also wish to report the matter to the Office of the Public Guardian and Trustee. This Office investigates allegations involving a mentally incapable person who is believed to be a serous financial risk.

If I change my mind, how can I cancel my CPOA?
To cancel your CPOA you must state in writing that you are “revoking” it. There is no special form for this statement, which is referred to as a “revocation.” but it must be signed and witnessed by two people, the same way as your Power or Attorney.

You are considered capable of revoking your CPOA if you have the capacity to make one. This is addressed in an earlier question.

What should I do once I've cancelled my CPOA?
Give the revocation statement to your attorney. You should also tell everyone who is involved with your income or property, such as your bank and pension sources, about the revocation. Send them a copy. If your own a home or other real estate you may wish to consider having a lawyer register notice of the revocation on title to prevent any unauthorized dealings. It is also a good idea to get the original CPOA back from your attorney and destroy it.

What happens if the person I appoint as my attorney cannot act for me for some reason?
You can avoid this problem by naming one or more people as your “substitute” attorney. The substitute can act if your attorney dies, is unable to assume the role for some other reason, or chooses not to act on your behalf.

Alternatively, if you have not named a substitute you should consider making a new CPOA.

What happens if I don't make a CPOA and I become unable to manage my own finances?
It depends on the situation. If you have no assets and get only pension income from the government, a family member or friend may be able to ask the pension source for permission to manage this income on your behalf. If you finances are more extensive, a family member or friend could apply to be you guardian. The Office of the Public Guardian and Trustee may act as your guardian if there is no one else willing, able and suitable to take on this role.

Power Of Attorney For Personal Care

Do I have to use a specific form to make my Power of Attorney for Personal Care (“POAPC”)?
No. A special form is not required. But to be valid, the document must:

Name one or more persons to act as your attorney for personal care in the event that you become mentally incapable.
Be signed by you and dated.
Be signed by two witnesses who saw you sign the document.

Can anyone witness my POAPC?
No. There are some restrictions. The following people cannot be witnesses:

Your spouse, partner, child, or someone you treat as a child.
Your attorney or your attorney's spouse or partner.
Anyone under the age of 18.
Anyone who has a “Guardian of Property” (someone appointed by a court because they are mentally incapable of managing their property).
Anyone who has a “Guardian of Person” (someone appointed by a court to make personal care decisions for them because they are not mentally capable of making their own decisions).

Note: A person is your spouse if:

You are married to them.
You have lived together common-law for a least a year.
You have had a child together.

A person of either sex is you “partner” if you have shared a place to live with them for a least a year and you have a close personal relationship of primary importance to both of you.

Who can make a Power of Attorney for Personal Care?
Anyone who is 16 years of age or older and who is mentally capable of making a POAPC can do so.

What level of mental capacity is needed to make a valid POAPC?
In this situation mental capacity means that you:

Understand whether the person you name as your attorney is truly concerned with your well-being.
Understand that you may need this person to make decisions for you.

What types of decisions will my attorney for personal care be allowed to make?
Unless you restrict your attorney's powers he or she will be able to make almost any decision of a personal nature that you could make yourself if you were capable, such as decisions about medical treatment, housing, food, hygiene, clothing and safety.

Who can I appooint as my attorney per personal care?
The person you appoint must be a least 16 years of age and mentally capable. You can name someone who lives outside your province. You cannot name someone who you pay to provide services to you unless that person is a relative.

Give your choice very careful consideration. If the need arises, your attorney will be making profoundly important decisions about your health and quality of life.

Can I name more that one person as my attorney?
Yes, If you do this they will have to agree on every decision that is made for you unless you write in your power of attorney that they can act “jointly and severally.” If you include this phrase, either one of your attorneys will be able to make decisions on their own if the other is unavailable for some reason. But think careful before naming multiple attorneys. It can make things more complicated if difficult decisions need to be made quickly.

What should I do with my POAPC after I have completed it?
Most people choose to give it to their attorney or put it in a safe place that their attorney knows about and can access quickly if needed. Others choose to leave it with a trusted third party such as their lawyer, with specific instructions about when to release it. If you do this, however, it is important to remember that it may be many years, if ever, before your POAPC is needed. The person you have left it with may have moved away or even died in the mean time.

It is strongly recommended that you tell your doctor and other health care providers about the power of attorney and how to reach your attorney if needed.

You should review your POAPC every few years, just as you would your Will. Circumstances can change and you wouldn't want to overlook such an important matter.

When will my Power of Attorney for Personal Care come into effect?
Unlike a Power of Attorney for Property, a POAPC may only be used during a time that you are mentally incapable of making your own personal care decisions. It is up to your attorney to decide whether you are mentally incapable, with a few exceptions. If the decision is about medical treatment or admission to a long-term care facility, a health professional must determine whether you are incapable of such decisions before your attorney may act. In addition, you can say in your POAPC that your attorney is required to get independent evidence of your incapacity. A letter from your doctor, for example, before he or she may act on your behalf.

What does “incapable of making personal care decisions” mean?
It means that a person can't understand the information that is relevant to the particular personal care decision or can't appreciate what could happen as a result of making a certain decision (or not making a decision) about the matter.

How will my attorney make decisions for me?
If you have written a “living will” or “advance directive” that applies to the situation, your attorney is legally obliged to follow your wishes, if possible. If you told people, while you were capable, what you want, your attorney must try to follow your wishes, even though they are not written down.

If you have not provided these types of instructions then your attorney will decide what he or she believes is in your best interest in the circumstances.

What if my attorney makes decisions that are not in accordance with my wishes or my best interest?
Your health care providers or the long-term care authorities can apply to the Consent and Capacity Board if they believe that your health or long term care decisions care are not being made properly by your attorney. The Board can direct your attorney to make the proper decision. The court has the authority to remove your attorney and appoint a guardian in his or her place. If the Office of the Public Guardian and Trustee receives notice that you are incapable and suffering serious harm as a result of your attorney's decisions, it will make inquiries and may ask a judge to remove your attorney if this is the only way to protect you.

Is my attorney required to keep my personal information confidential?
Yes, your privacy must be respected unless:

You specifically authorize your attorney to disclose information by saying so in your power of attorney.
Your attorney needs to disclose this information to carry out his or her duties or to abide by the law.

If I change my mind, how can I cancel my POAPC?
To cancel your POAPC you must state in writing that you are “revoking” it. There is no special form for this statement, which is referred to as a “revocation.” It must be signed and witnessed by two people, the same way as your Power of Attorney.

You are considered capable of revoking your POAPC if you have the capacity to make one. This is addressed in an earlier question.

What happens if I don't make a Power of Attorney for Personal Care?
If you become incapable of making decisions about medical care or about admission to a long term care facility, a family member would automatically have the right to make these decisions for you unless someone else is appointed by a board called the Consent and Capacity Board to be your representative. If there is no family member or representative who is available capable or willing, the Office of the Public Guardian and Trustee is required to make these decisions on your behalf.

Usually, once these decisions are covered off, nothing further is required. But in a limited number of situations where the situation is very complicated or there is a dispute, the court may appoint a “Guardian of the Person” who will have exclusive authority to make your personal care decisions.

Making personal choices is basic to a person's sense of identity and well being. This is especially true of decisions about personal care including health care (treatment and services), food, living arrangements and housing, clothing, hygiene and safety.

Every year, many Canadians become unable to make their own decisions about their personal care and medical treatments. It can happen slowly, over time, as with Alzheimer Disease; or it can happen suddenly, without warning, through a stroke or accident.

If an illness or accident left you unable to make decisions for yourself about things that really matter to you, who would make those decisions for you? How could they know what you would or wouldn't prefer?

It's important to take steps now, while you are capable, to ensure your wishes, not someone else's, guide the decisions made for your care and medical treatment if you ever become unable to make such decisions yourself. This is wha advance care planning is about: Making clear how you wish to be cared for, and giving someone you trust the authority to act on those wishes for you, if the need arises.

People are encouraged to talk about their care wishes with their families and those who will make decisions for them in the future, in the event they are unable to make decisions themselves.

To obtain a Power of Attorny for Personal Care Form, contact the ministry of the Attorney General. Office of the Public Guardian and Trustee. 595 Bay Street, Suite 800, Toronto, ON, M5G 2M6. Or click here for a downloadable PDF form.

Why Do Advance Care Planning?

What is advance care planning?

Advance care planning is about making choices now, while you are capable, about how you wish to be cared for in the future if you become incapable of making decisions. It is also about giving someone you trust the information and authority to acton those wishes for you. This person is called your substitute decision-maker.

Advance care planning is different from, but just as important as making plans for your finances, property, estate, will or funeral arrangements.

What does "capable" mean in this context?

To be capable of making personal care choices means that you can understand information that is relevant to making a decision about your health care, nutrition, shelter, clothing, hygiene or safety, and can grasp the likely results of making the decision or not making it.

For health care, your doctor or other health care provider needs to have your informed consent. In order for you to give informed consent, you must be capable, given information about your condition, the recommended treatment, alternatives to the proposed treatment and the likely outcomes of either accepting or refusing the treatment.

Why is advance care planning important?

Advance care planning gives you the opportunity to make choices about your future personal care. It can give you the peace of mind that someone you know and trust understands your wishes and will act on them on your behalf, should they ever need to.

It can make it easier for everyone concerned: easier for you, because you'll have the confidence that your wishes are known; easier for those close to you, because it can reduce their stress in making tough decisions on your behalf; and easier for your care providers, because they'll be able to act in keeping with your wishes in an emergency.

Does advance care planning have to be done?

It is your choice whether to do advance care planning or not. No one can do it for you or make you make those choices. It is your right to express your wishes, to appoint a substitute decision-maker and to expect your wishes to be followed. There is no legal requirement to do advance care planning. You are not legally obliged to state your wishes in any form before you can get health care, or move into a care facility.

Personal Choice

Making Personal Care Choices

What kinds of personal care choices can be made?You can express your wishes about anything related to your personal care - where you want to live, what you want to eat and wear, what kind of health care you want, how you prefer to be groomed and how you want your safety ensured. If, for any reason, you are not mentally capable of making a personal care choice that needs to be made, your health care providers are required to take direction from your substitute decision-maker. Your substitute decision-maker must follow your expressed wishes wherever possible. If it is impossible to follow your wishes, your substitute decisionmaker must act in your best interests.

How can these choices best be made?

There is no one-size-fits-all formula for advance care planning. The process calls for careful thought and communication.

You may find it useful to think about your own values, wishes and resources. For example, is it important to you to live in your own home as long as possible? Do you have the financial means to do this? If you are unlikely to recover from an illness, do you wish to receive medical care that will prolong your life?

You should talk these things over with people who are close to you - it will help you now and them in the future.

You do not have to specify decisions for all possible situations; in fact, this would be impossible to do! It is more important that your substitute decisionmaker knows you, your values and beliefs and feels confident in acting on your behalf.

Communicating Your Choices

Who needs to know that advance care choices have been made?

Advance care planning is about communicating what personal care you do or do not want to receive in the future to whoever will be making those decisions for you if you are not capable. That would be, first and foremost, your substitute decision-maker, but could also include your family, close friends, doctor, lawyer, or other care providers, as you see fit.

Your family and friends may need encouragement and time to accept the idea of advance care planning before they are ready to hear about your wishes for the future. Many people do not like to talk about illness, mental incapacity or death. Tell them how important it is to you to talk about this now. Talk through potential disagreements on care options, as this may prevent problems later on.

How can you ensure that your care choices are understood?

Your values and beliefs will influence your wishes. Talk about them with your substitute decision-maker and those close to you, to help them understand your wishes clearly.

You may change your mind at any time. Review your wishes on a regular basis with your substitute decision-maker and make sure your family, friends and care providers are aware of any changes. The more they know about your care wishes, the better they will be able to act on them. The personal care wishes you express while capable are legally binding.

Talk to your substitute decision-maker about whether it is helpful if your care wishes are expressed in writing.

Do care choices need to be in writing?

No. You can express your care wishes to your substitute decision-maker any way you like. It can be done face to face or with a recording device such as an audiotape or videotape, or in any written form, including Braille or Bliss Board. However, in order to name someone as your substitute decision-maker, you must appoint them in writing through a Power of Attorney for Personal Care.

What happens if changes are made to advance care choices?

You can always change your mind about your care wishes. But be sure to tell your substitute decisionmaker that your wishes have changed.You can do this face-to-face or any other way you choose.

Your decision-maker is obligated to follow your last known capable wishes no matter how you expressed them. However, if you have given any previous instructions about your personal care in writing or on audiotape or videotape, you may want to revise them and add the new date.

When Advance Care Choices Take Effect

Any wishes that you express concerning your future personal care will take effect only if you become incapable of making the relevant personal care decision for yourself.

Your substitute decision-maker only makes decisions for you that you are not capable of making yourself. If you remain capable of making some or any personal care decisions, then you continue to do so.

Who decides if a person is no longer capable of making decisions?

The health care provider offering the treatment to you decides whether you are capable or not of making decisions about your medical treatment, admission to a long-term care facility or personal assistance services in a long-term care facility. This kind of assessment is ongoing, rather than a one-time event, because your ability to make decisions can vary greatly with your condition, from month to month, week to week, or even day to day. It can also vary with the type of decision to be made.
For other personal care decisions you have two options. Your substitute decision-maker can decide whether you are capable of making the decision or not.

OR
You may prefer to have an independent confirmation of your mental incapacity with regard to personal care decisions.
You can state that wish in a document called a Power of Attorney for Personal Care. If you do this, the person you name as your attorney for personal care cannot start making decisions for you until the independent confirmation is made.
In the Power of Attorney for Personal Care you can name a person close to you to provide the independent confirmation of your incapacity to make personal care decisions-for example, your family doctor or a good friend. Or you can specify a certain kind of professional, such as a psychologist or social worker. If you ask for an independent confirmation of incapacity without specifying who you would like to provide it, a professional capacity assessor will provide that independent confirmation.

Power of Attorney

General Information

Continuing Power of Attorney For Property

Power of Attorney For Personal Care

General Information

Continuing Power Of Attorney For Property

Power Of Attorney For Personal Care

Why Do Advance Care Planning?

Personal Choice

Making Personal Care Choices

Communicating Your Choices

When Advance Care Choices Take Effect