General-information disclaimer: This article provides general information about Ontario law and is not legal advice. Legal outcomes depend on the specific facts. Obtain advice about your own situation.
Personal-care decisions can involve health care, nutrition, shelter, clothing, hygiene and safety. Ontario law allows a capable person to appoint an attorney for personal care to make decisions in areas where the person later becomes incapable.
This document is different from a power of attorney for property, and many people benefit from having both.
A realistic scenario: what can go wrong without advance legal planning
The following is a fictional/composite scenario created for education.
A widowed parent has three adult children. After a serious illness, the siblings disagree about care arrangements and each believes the parent would have chosen differently. The parent never appointed an attorney for personal care or recorded clear instructions. The disagreement now unfolds during an already stressful health crisis.
What you should know
1. Personal care is separate from property
The person who pays bills does not necessarily have authority to make personal-care decisions, and vice versa.
2. Capacity can be decision-specific
A person may be capable of some decisions and incapable of others. The legal framework focuses on the particular decision and circumstances.
3. Choose someone who can advocate
The attorney may need to communicate with health professionals, family and care facilities and make difficult decisions under pressure.
4. Instructions and wishes matter
People can discuss or document values and wishes that may guide future decision-making, subject to Ontario health and substitute-decision law.
5. Alternates are useful
If the first-choice attorney is unavailable or unwilling, a properly planned alternate can avoid uncertainty.
6. Review after relationship changes
Divorce, separation, death, conflict or relocation may make an old appointment impractical.
Practical checklist
- Choose an attorney who understands your values.
- Discuss important care wishes before a crisis.
- Name an alternate.
- Keep copies where they can be found when needed.
- Review the appointment after major relationship or health changes.
The practical lesson
The document matters, but the conversation matters too. An attorney who understands your wishes is better prepared to act when you cannot speak for yourself.
Get help before the issue becomes urgent
Thomas, Efraim LLP offers free review of wills and powers of attorney. Bring your existing documents to a free consultation if you are unsure who has authority or whether your plan is current.
