Power of Attorney for Personal Care in Ontario

A Power of Attorney for Personal Care allows you to appoint one or more trusted individuals to make personal-care decisions on your behalf if you become incapable of making a particular decision yourself.

These decisions may concern your health care, living arrangements, nutrition, clothing, hygiene, and personal safety.

Nobari Law Professional Corporation assists individuals with preparing personalized Powers of Attorney for Personal Care based on their circumstances, wishes, and choice of decision-makers.

A Power of Attorney for Personal Care is a legal document in which a person, known as the grantor, appoints another person to make personal-care decisions on their behalf.

The person appointed is known as the attorney for personal care. In this context, “attorney” does not mean that the person must be a lawyer.

Personal-care decisions may concern health care, nutrition, housing, clothing, hygiene, and personal safety.

An attorney for personal care does not automatically take control when the document is signed.

The attorney may make a particular decision only when the grantor is incapable of making that decision. A person may be capable of making some personal-care decisions while requiring assistance with others.

For decisions governed by Ontario’s Health Care Consent Act, the health practitioner or other authorized professional generally determines whether the person is capable of making the specific decision. For other personal-care decisions, the attorney may act where they have reasonable grounds to believe the grantor is incapable, subject to any conditions included in the document.

While the grantor remains capable of making a decision, the grantor continues to make that decision personally.

Family members do not necessarily have automatic authority to make every personal-care decision for another adult.

Ontario law may identify a substitute decision-maker for certain treatment decisions when a person is incapable. However, that authority may not extend to every decision involving housing, hygiene, safety, nutrition, or other aspects of personal care.

A Power of Attorney for Personal Care allows you to choose who should make these decisions rather than leaving the matter to the statutory hierarchy or a possible guardianship process.

Depending on the grantor’s incapacity and the terms of the document, an attorney may be asked to make decisions concerning:

• health care and treatment;
• care services and living arrangements;
• nutrition, clothing, and personal hygiene;
• personal assistance and daily care; and
• personal safety.

The attorney’s authority is limited by Ontario law, the terms of the Power of Attorney, and the particular decisions for which the grantor is incapable.

The person appointed should be someone who:

• genuinely cares about the grantor’s welfare; 
• understands the grantor’s values and wishes; 
• can make difficult decisions calmly; 
• is willing to communicate with health-care professionals and family members; 
• is available when decisions may be required; 
• can advocate for the grantor; and 
• will respect the grantor’s dignity, independence, beliefs, and preferences. 

An attorney for personal care must be at least 16 years old.

A person who provides health care or residential, social, training, or support services to the grantor for compensation generally cannot act as the attorney unless that person is the grantor’s spouse, partner, or relative. 

It is also helpful to consider naming an alternate in case the first attorney dies, becomes incapable, resigns, or is unwilling or unavailable to act.

Yes. A grantor may appoint two or more attorneys for personal care.

The document should clearly explain how they are expected to act. They may be required to act:

• jointly, meaning all attorneys must agree and act together; 
• either or any one of whom can act alone, meaning each attorney may make decisions and sign documents independently without requiring the approval or signature of the other attorney or attorneys; or 
• under another arrangement clearly described in the document.

If two or more attorneys are appointed and the document does not provide otherwise, Ontario law generally requires them to act jointly.

Requiring joint decisions may provide shared oversight but can make urgent or routine decisions more difficult if one attorney is unavailable. Allowing each attorney to act independently may provide flexibility but gives each attorney individual decision-making authority.

Yes. A Power of Attorney for Personal Care may include instructions or wishes concerning decisions the attorney may later be required to make.

These may address matters such as:

• health-care and treatment wishes;
• preferred living arrangements;
• religious, cultural, or personal beliefs;
• comfort and quality of life;
• personal support and daily routines; and
• other matters important to the grantor.

A person may express health-care wishes in a Power of Attorney or in another written or oral form. A later wish expressed while capable generally prevails over an earlier wish.

Instructions should be discussed carefully. Language that is overly rigid or unclear may make it difficult to respond to circumstances that could not be anticipated when the document was prepared.

Where an applicable wish was expressed by the grantor while capable, the substitute decision-maker must generally follow that wish.

If no applicable wish is known, or it is impossible to follow the wish, the attorney must make the decision based on the grantor’s best interests. This may include considering the grantor’s values and beliefs, other expressed wishes, the likely benefits and risks of the proposed decision, and whether a less restrictive option is available.

An attorney must also act diligently and in good faith, encourage the grantor’s participation and independence where possible, and choose an appropriate course of action that is as consistent as possible with the grantor’s wishes, values, and well-being.

No. A Power of Attorney for Personal Care concerns decisions involving health care, housing, nutrition, clothing, hygiene, and safety.

A Continuing Power of Attorney for Property concerns financial and property matters, such as managing bank accounts, paying bills, filing tax returns, and managing or selling property.

The same person may be appointed under both documents, or different people may be selected based on their abilities and the grantor’s preferences.

A person must be at least 16 years old and have the required mental capacity.

A person is capable of making a Power of Attorney for Personal Care if they:

• understand whether the proposed attorney has a genuine concern for their welfare; and 
• appreciate that they may need the proposed attorney to make personal-care decisions for them. 

The capacity test for making a Power of Attorney for Personal Care is different from the test for making a Continuing Power of Attorney for Property. 

A Power of Attorney for Personal Care must generally be signed in the presence of two eligible witnesses, who must also sign the document.

Certain individuals cannot act as witnesses, including:

• the attorney or the attorney’s spouse or partner; 
• the grantor’s spouse or partner; 
• the grantor’s child or a person treated as the grantor’s child; 
• a person who is under guardianship; and 
• anyone under 18 years of age.  

Nobari Law will provide instructions for properly signing and witnessing the document.

A grantor who remains capable of making a Power of Attorney for Personal Care may generally revoke the existing document or prepare a replacement.

A formal revocation must be made in writing and signed and witnessed in the same manner as the Power of Attorney.

Preparing a new Power of Attorney for Personal Care generally terminates the earlier document unless the new document states that multiple Powers of Attorney are intended to remain in effect. The former attorney and any health-care providers, care facilities, or other persons who received the earlier document should be notified. 

A Power of Attorney for Personal Care should be reviewed periodically and after significant changes, including:

• marriage or separation; 
• the death or incapacity of an attorney; 
• a change in the relationship with the attorney; 
• a significant change in health; 
• a change in personal-care wishes; 
• a move to another province or country; 
• a change in living arrangements; or 
• concerns about whether the existing appointment remains appropriate. 

An older document may remain valid, but it should continue to reflect the grantor’s current instructions and choice of attorney.

Nobari Law Professional Corporation provides personalized assistance with Powers of Attorney for Personal Care in Ontario.

Our services may include:

• explaining the purpose and effect of the document;
• discussing the selection of attorneys and alternates;
• discussing personal-care wishes and instructions;
• determining how multiple attorneys should act;
• coordinating the document with the client’s broader estate plan; and
• providing signing and witnessing instructions.

Every situation is different. The document should reflect the grantor’s relationships, wishes, health-care values, and personal circumstances.

To begin preparing an estate-planning package, which may include a Will, Continuing Power of Attorney for Property, and Power of Attorney for Personal Care, please complete our Estate Planning Intake Form.

The completed form may be returned to Nobari Law Professional Corporation by email, mail, or in person.

Do not send original documents, identification, complete account numbers, passwords, medical records, or other sensitive information unless requested by Nobari Law Professional Corporation. If requested, please use the document-sending method confirmed by the firm.

Submitting the form allows us to review your circumstances and determine how we may be able to assist. After reviewing the information, we will contact you to discuss the next steps and any additional information that may be required.

Submitting the form does not, by itself, create a lawyer-client relationship or confirm that Nobari Law Professional Corporation has agreed to act. A lawyer-client relationship begins only after the matter has been reviewed, any required conflict check has been completed, the firm has agreed to accept the retainer, and the engagement has been confirmed.

Complete the Estate Planning Intake Form

A Power of Attorney for Personal Care allows you to choose who should make important personal-care decisions if you become unable to make a particular decision yourself.

Contact Nobari Law Professional Corporation to discuss preparing or updating a Power of Attorney for Personal Care in Ontario.