Power of Attorney for Personal Care

The power of attorney legislation also allows you to make a power of attorney for personal care which authorizes your personal care Attorney to make personal care decisions for you if you become incapable of making such decisions for yourself. The law provides that you are incapable of making your own personal care decisions if you are unable to understand information that is relevant to making a decision concerning your own health care, nutrition, shelter, clothing, hygiene or safety or if you are unable to appreciate the reasonably foreseeable consequences or lack of decision in these matters.

To give a Power of Attorney for Personal Care you must be at least 16 years of age and mentally capable of giving it. The power of attorney may give full authority or may limit the Attorney to certain areas of personal care. Among other things, the Power of Attorney for Personal Care may authorize your Attorney to give or refuse consent to treatment on your behalf. If you become incapable of making your own treatment decisions, the law will recognize the authority of your Attorney for personal care. Unlike the Continuing Power of Attorney for Property which can become effective immediately, a Power of Attorney for Personal Care can only be used if you are incapable of personal care decisions. If you have not made a Power of Attorney for Personal Care and you become incapable, the Substitute Decisions Act, 1992 provides a process by which your spouse or partner or other close person may apply to become the Guardian of your person.

Please Note: This information is not intended to contain advice specific to your situation. There are no cookie cutter solutions. After all, you are reading this information on the internet. Your situation is special and unique and you must be guided by specific individual advice from your Lawyer, Certified Financial Planner or Accountant.