Understanding Power of Attorney for Personal Care in Ontario: Responsibilities, Timing, and Risks

Understanding Power of Attorney for Personal Care in Ontario: Responsibilities, Timing, and Risks

As a legal advisor, I often find myself explaining the intricacies of various power of attorney documents. Today, we’re focusing on the Power of Attorney for Personal Care in Ontario – a crucial document that can significantly impact an individual’s quality of life. Whether you’re considering becoming an attorney for personal care or considering appointing someone to this role, it’s essential to understand what it entails.
 

What is a Power of Attorney for Personal Care?

 
A Power of Attorney for Personal Care is a legal document that allows you (the grantor) to appoint someone (the attorney) to make decisions about your care if you become mentally incapable of making these decisions yourself. This can include healthcare, housing, safety, hygiene, clothing, and nutrition decisions.
 

When Does It Take Effect?

 
Unlike a Power of Attorney for Property, a Power of Attorney for Personal Care in Ontario only comes into effect under specific circumstances:

• Mental Incapacity: It becomes active only when the grantor is deemed mentally incapable of making personal care decisions.
• Professional Assessment: Often, a healthcare professional must assess and declare the grantor incapable before the power of attorney can be exercised.
• Specific to Decision Areas: The grantor may be deemed incapable of making decisions in some areas but not others. The attorney’s power is limited to areas where incapacity has been determined.

Key Responsibilities

The attorney for personal care has several important responsibilities:

1. Healthcare Decisions: Making choices about medical treatments, procedures, and medications.
2. Living Arrangements: Deciding on appropriate housing or long-term care facilities.
3. Diet and Nutrition: Ensuring proper nutrition and adherence to any necessary dietary restrictions.
4. Hygiene and Safety: Overseeing personal hygiene and safety measures.
5. Clothing: Making decisions about appropriate clothing and personal effects.
6. Advocate: Acting as an advocate for the grantor’s wishes and best interests in all personal care matters.

Legal Obligations

The role of an attorney for personal care comes with significant legal and ethical obligations:

• Act in accordance with the grantor’s known wishes or best interests
• Encourage the grantor to participate in decision-making as much as possible
• Foster regular personal contact between the grantor and supportive family and friends
• Consult with supportive family and friends who are in regular contact with the grantor
• Keep records of decisions made on behalf of the grantor

Risks and Challenges

Taking on the role of attorney for personal care involves several potential risks and challenges:

1. Emotional Stress: Making decisions about a loved one’s care can be emotionally taxing.
2. Family Conflicts: Disagreements with other family members about care decisions can arise.
3. Legal Liability: While rare, there could be legal consequences if the attorney is found to have acted improperly or against the grantor’s best interests.
4. Time Commitment: The role can be time-consuming, especially if the grantor’s condition requires frequent decision-making.
5. Ethical Dilemmas: The attorney may face difficult decisions, particularly regarding end-of-life care.

Limitations

While the attorney for personal care has significant authority, there are limitations:

• Cannot make decisions about the grantor’s property or finances (unless also appointed as attorney for property)
• Cannot consent to the use of electric shock treatment as aversion therapy
• Cannot override a prior expressed wish or instruction made by the grantor while capable

Conclusion

Being an attorney for personal care is a profound responsibility that requires careful consideration. It involves making deeply personal decisions on behalf of someone who can no longer do so for themselves. If you’re appointed to this role or considering appointing someone, it’s advisable to have open discussions about values, beliefs, and wishes regarding personal care.

Remember, the goal is to honour the grantor’s wishes and ensure their well-being. With thoughtful consideration and clear communication, you can fulfill this crucial role with compassion and integrity.

Always consult with a legal professional to fully understand the implications of creating or accepting a Power of Attorney for Personal Care in Ontario. This document plays a vital role in ensuring that your personal care wishes are respected if you’re unable to make decisions for yourself.

We also have an article on Understanding Power of Attorney for Property in Ontario

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