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A Power of Attorney for Personal Care is a legal document that allows you to appoint someone to make decisions regarding your health care and other personal needs if you become incapacitated. Unlike a Power of Attorney for Property, which governs financial matters, this document focuses on medical treatment, diet, hygiene, and living arrangements. This authority only takes effect if you are deemed incapable of making these decisions, usually determined by a medical professional.
Many people assume they will always be able to make their own medical decisions, but accidents, illness, or age-related cognitive decline can make that impossible. Without a Power of Attorney for Personal Care, family members may need to go through a lengthy and expensive court process to gain the legal right to act on your behalf. That’s why it’s so important to understand how this document fits into your estate plan. By planning ahead, you maintain control over your future care and relieve your family of the burden of uncertainty.
Power of Attorney for Personal Care Responsibilities
The person you appoint as Power of Attorney for Personal Care has a duty to make decisions in your best interests and in accordance with any instructions you have provided. They may need to communicate with doctors, consent to or refuse medical treatments, decide where you should live, and make choices regarding your daily care, such as diet and hygiene. Additionally, they may be responsible for advocating for your end-of-life preferences, including palliative or life-sustaining treatments. These decisions can be deeply personal and emotional.
Selecting the right attorney is essential. The ideal attorney should be emotionally strong and capable of making difficult medical decisions. Their values should also align with yours, ensuring they respect and advocate for your health care preferences. Strong communication skills are also essential, as they will need to interact effectively with medical professionals and family members.
Availability is another key factor to consider. Many middle-aged Canadians, known as the “sandwich generation,” are responsible for both aging parents and their own children. This can make it difficult to take on additional responsibilities. It’s important to choose someone with the time and willingness to fulfill this role. Their proximity and commitment are also crucial, as timely decisions may be required concerning your care.
You should also be mindful of existing family dynamics. If there's a possibility of conflict or if family relationships are strained, appointing a neutral party, such as a trusted friend, might be a more prudent choice. This approach can help prevent disputes and ensure decisions are made with your wishes in mind.
Just as with a Power of Attorney for Property, you can appoint multiple attorneys for personal care, either jointly or jointly and severally.
Jointly: Attorneys having to make joint decisions can provide accountability but may also lead to delays, particularly in urgent medical situations where quick decisions are needed. If the joint attorneys hold differing opinions on treatment options, life support, or end-of-life care, it may create conflict that could complicate decision-making.
Jointly & Severally: Alternatively, several attorneys can act independently, which allows for more flexibility but may result in inconsistent or contradictory decisions.
Your choice should be based on the ability of your appointed attorneys to collaborate effectively while respecting your wishes. For simplicity’s sake, you may choose to appoint just one attorney for personal care. The decision should be based on your individual circumstances.
Further, the Power of Attorney for Personal Care and the Power of Attorney for Property will need to work together from time to time which can be a point of conflict. Thus, it is important to consider how the chosen individuals will cooperate and work together. Your Attorney for Personal Care may want to arrange for additional medical treatments or purchase a walker but it is the Power of Attorney for Property who will need to make the funds available for such expenses.
Compensation for a Power of Attorney for Personal Care
Unlike a Power of Attorney for Property, attorneys for personal care do not automatically receive compensation under Ontario law. However, if the grantor wishes to provide compensation, they can specify it in the Power of Attorney document. Given the emotional and time-consuming nature of the role, some grantors choose to include provisions for reimbursement of expenses or modest compensation.
A Power of Attorney for Personal Care is a crucial component of any estate plan, ensuring your medical and personal care decisions are handled according to your wishes if you are unable to make them yourself. Choosing the right person now ensures your wishes are honored when it matters most. Don’t leave this decision to chance, take control of your future care today.
Consulting with an experienced estate lawyer can help ensure your wishes are clearly documented. At E is for Estates, we can help draft a Power of Attorney for Personal Care and ensure it is integrated into your broader estate plan.
This article is intended for informational purposes only. For personalized advice tailored to your specific circumstance, please reach out to the E is for Estates team.
Erin Watson, B.A., JD
Lawyer & Notary Public
E is for Estates
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