Can Your Attorney for Personal Care Ban Family Visits?

Can Your Attorney for Personal Care Ban Family Visits?

A Recent Court Case Provides Important Answers

Family dynamics can become complicated when a loved one needs long-term care. One question we’re often asked is: Can the person appointed as attorney for personal care decide who gets to visit—and who doesn’t?

A recent Ontario court decision sheds important light on this issue.
 

The Bottom Line

An attorney or guardian for personal care cannot simply restrict visits based on personal preferences or family conflicts. Any restrictions must be justified by the incapable person’s own wishes or clear evidence of harm.

What Happened in Orr v Orr?

William “Bill” Orr was living with advanced Alzheimer’s in a long-term care facility. His wife, Gwen, who was his attorney for personal care, wanted to prevent Bill’s children from visiting him. She cited past family conflicts and concerns that visits might cause him distress.

The Court disagreed with a blanket ban. Here’s why:

The law presumes capacity. Even someone with Alzheimer’s may still be capable of deciding who they want to see on a given day. The attorney must prove otherwise.

Past conflicts aren’t enough. Evidence showed Bill had reconciled with his children. Old grievances during family disputes don’t justify ongoing restrictions.

Medical concerns must be specific. General worry about “potential distress” isn’t sufficient without clear evidence of actual harm from visits.

What This Means for You

If you’ve appointed an attorney for personal care—or if you are one—remember these key principles:

• Follow their wishes, not yours. Your role is to honour what the person would want, not to manage family relationships according to your preferences.
• Capacity is situational. Someone may not be able to manage finances, but can still express who they want to see.
• Courts can intervene. If there’s a dispute about visiting rights, family members can seek court oversight under Ontario’s Substitute Decisions Act.

Planning Ahead

The best time to address these potential conflicts is before capacity is lost. When creating your Power of Attorney for Personal Care, consider:

• Being clear about your wishes regarding family contact
• Discussing potential conflicts openly with your attorney
• Choosing someone who will respect your relationships, not impose their own

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