Last week, I discussed the basics of a Power of Attorney for Property. This week I will focus on a related, and equally important, document, a Power of Attorney for Personal Care (POA PC).
A POA PC allows the person(s) you have named to make medical treatment and personal care decisions for you but only if you are mentally incapable of making the decision yourself. There are different tests for mental capacity depending upon the decisions that must be made:
· If your PC attorney has reason to believe that you are incapable of making personal care decisions to which the Health Care Consent Act (HCCA) does not apply (decisions concerning your shelter, clothing, hygiene and safety), the attorney may make the decision for you unless your document specifies that you must first be proven to be legally incapable;
· If the HCCA applies to the decision (generally any medical treatment decision), you must be incapable of making the decision before the attorney will be able to decide for you.
Sensationalized, sometimes tragic, cases have made the concept of a ‘living will’ familiar. In Ontario, a ‘living will’ is generally used to give specific instructions as to what medical treatment you want or do not want, for example, whether you want CPR measures or not and under what conditions. Such decisions may need to be made if you are terminally ill with no reasonable hope of recovery. A living will may be included in your POA PC or it may be a separate document. A ‘do not resuscitate’ request is a type of living will.
When deciding who to name in your POA PC, consider someone who shares your moral, ethical or religious views and who you are sure will be willing and able to make the decision you would have made no matter how difficult and regardless of anyone else’s objections. Consider talking about it ahead of time to ensure your wishes are well known.
Reproduction of this blog is permitted if the author is credited. If you have questions or if you would like more information, please call us at 613 836-9915. This blog is not intended to be legal advice but contains general information. Please consult a lawyer or other professional to determine how the information in this blog might apply to you.
Blog posts pre-dated December 1, 2015 were originally published under Neff Law Office Professional Corporation.
