What is a Power of Attorney for Personal Care?
A Power of Attorney for Personal Care appoints a person or persons to make personal care decisions on your behalf if you become incapacitated, including decisions regarding health care, nutrition, clothing, housing, hygiene, safety, and medical treatment.
Your Attorney for Personal Care cannot make decisions on your behalf until you become mentally incapable of making your own personal care decisions. You are considered mentally incapable if you are unable to understand information relevant to making a decision concerning your personal care or are unable to appreciate what is likely to happen if a particular decision is or is not made.
Your Power of Attorney for Personal Care may contain instructions for, and restrictions on, your attorney’s authority in any category of personal care. Your attorney must carry out your instructions unless those instructions are illegal or impossible and must respect any wishes you have expressed. Your Attorney for Personal Care is only empowered to make decisions about those aspects of your personal care that you cannot make yourself. Thus, if you can still make decisions about certain things, your attorney cannot make those decisions.
A “living will” is a declaration stating your wishes about whether and how you wish your life to be extended through the use of medical machines. These wishes can be expressed in a Power of Attorney for Personal Care, in other written form, or even orally.
What is a Continuing Power of Attorney for Property?
A Continuing Power of Attorney for Property allows you to exercise control over your financial life when you are not mentally capable or not physically present to make financial decisions.
You may appoint an attorney to act on your behalf for a specific limited purpose, such as to act on your behalf in the purchase or sale of property while you are out of the country.
If you have not made a Continuing Power of Attorney for Property and you become incapacitated, the Substitute Decisions Act provides a process by which your spouse or partner or other close person may apply to become a guardian of your property.
Need more information? Contact us at wills@sutherlandlaw.ca..