Power of Attorney for Personal Care

What is a Power of Attorney for Personal Care?

A Power of Attorney for Personal Care (POAPC) allows your attorney to make decisions about your personal care if you are unable to do so due to illness, injury or incapacity. The person granting the said power is called the grantor and the individual receiving the authority is called the attorney. Unlike a Power of Attorney for Property, which deals with financial and property matters, a POAPC relates to daily personal care decisions such as medical treatment, housing and daily living arrangements, such as where you live, what you eat, what you wear, your washing and bathing and keeping you safe.

When Does a Power of Attorney for Personal Care Take Effect?

A POAPC may take effect when you become incapable of making personal care decisions for yourself. This determination is usually made by a healthcare professional who evaluates your ability to understand. You can also specify in the POAPC whether it should come into effect immediately or only upon your incapacity. This flexibility allows you to control when your attorney can begin making decisions on your behalf.

Revoking a Power of Attorney for Personal Care

You can revoke a POAPC at any time, provided you are mentally capable of doing so. To revoke a POAPC, you must sign a written revocation document and inform your attorney and anyone else who may be relying on the POAPC (e.g., healthcare providers). Once revoked, the attorney no longer has authority to make decisions on your behalf.

A Power of Attorney for Personal Care is Not a Living Will

There is no legal document called a “living will” in Ontario but the POAPC can incorporate your wishes regarding end-of-life care, such as whether you want life-prolonging treatments. The attorney is obligated to follow these instructions as part of their role.