Planning Ahead - Powers of Attorney and "Living Wills"

A Power of Attorney is a legal document that gives someone else the power to act on your behalf⁽¹⁾.

Yes. There are two Powers of Attorney, and it is important for everyone to have both Powers of Attorney drafted and reviewed regularly throughout the progression of the disease.

• Power of Attorney for Personal Care
• Power of Attorney for Property (General and Continuing)

Power of Attorney for personal care is a document that allows another person (substitute decision maker or "attorney") to make decision about personal care on your behalf. Your attorney would have the authority to make decisions for you about your medical care and other aspects of your care when you are no longer able to do so⁽¹⁾.

If you become mentally incapable of making personal care decisions, for some decisions, including those about your medical treatment, the law says your doctor and other health care providers must get your substitute decision-maker's consent before taking action⁽¹⁾.

Personal care decisions involve medical treatment, health care, housing, clothing, hygiene, diet and safety⁽¹⁾.

A Power of Attorney for personal care takes effect only if you become mentally incapable of making either some or all of your personal care decisions⁽¹⁾.

This would likely be your attorney, unless you have identified someone else in your Power of Attorney who needs to be contacted for verification purposes⁽¹⁾.

If you give instructions, then your Power of Attorney must follow these instructions. If your Power of Attorney does not know of any instructions or you did not leave any, they must make decisions based on your best interests⁽¹⁾.

Your Power of Attorney is only able to make decisions that you are mentally incapable to make⁽¹⁾.

Only you can make a Power of Attorney⁽¹⁾.

A General Power of Attorney for Property is a legal document that lets your legal representative manage your finances and property while you are mentally capable. This is most often used in business relations, for example, to manage someone's property when they are away⁽¹⁾.

A Continuing Power of Attorney for Property is a legal document that lets your legal representative manage your finances and property when you are mentally incapable⁽¹⁾.

A Continuing Power of Attorney for Property takes effect as soon as it is signed and witnessed. Otherwise, you must indicate in the document that it should not take effect until the time that you become mentally incapable⁽¹⁾.

Choose someone close to you whom you trust to make decisions about your medical and other aspects of care and whom you have spoken to about your wishes for your Power of Attorney for Personal Care⁽¹⁾

You can name the same person as your attorney for both property and personal care, or you can name different people⁽²⁾.

A "living will" or an advance care directive is a document used to communicate what you would want to happen if you can no longer communicate your treatment and personal care wishes. Within a "living Will" or an advance care directive, people will often write out their wishes, which may include do not resuscitate orders or if there is no hope for recovery, to not keep them on artificial life supports. Even when you have close care partners you trust with care decisions, it is always best to have a living will to remind them of your wishes or make sure your wishes are spelled out in your Power of Attorney document⁽¹⁾.

No. A "living will" is only applicable when you are living. A "Last Will and Testament" outlines how your property will be distributed once you die⁽¹⁾.

No. Neither of these documents needs to be registered. But it is important to make sure your Power of Attorney and any other person in your life who needs to know is aware of where to get a copy if needed⁽¹⁾. That said, it is important to provide a copy of your "living will" to all of your partners in care.

This depends on where you live. If you have moved or are planning on being out of province for an extended period of time, it is recommended that you consult with a lawyer to find out whether you need to make new documents⁽¹⁾.

No. Either a family member of friend can apply to act on your behalf. The government only acts when no other suitable persons are available⁽¹⁾.

By law, hiring a lawyer to make these forms is not required. But, hiring a lawyer is strongly encouraged to help with the process, particularly if your finances are complex and to ensure all legal requirements are met⁽¹⁾.

No. It is best to hire a lawyer when creating your Last Will and Testament⁽¹⁾.

You can get your lawyer to draft the forms for you. Alternatively, the forms are available for sale at most bookstores and can be found online as well⁽¹⁾.

The Office of the Public Guardian and Trustee also provide these forms. They can be requested by calling 416-314-2800 or toll free 1-800-366-0335. Visit the Office of the Public Guardian and Trustee website for a copy of the form online.

Yes. It is a good idea to bring someone who can help you to understand the information you get and take notes for you during the meeting⁽¹⁾.

You cannot name someone who is under 16, mentally incapable and or someone who provides you with paid services, such as, health care, social, support, or training services⁽¹⁾.

Yes, but all of your attorney's will need to agree before any decisions can be made on your behalf. In some cases your attorney's can act jointly and severally, or independently. Speak with your lawyer about this option⁽¹⁾.

Yes. The law states that you need two witnesses⁽¹⁾.

You can name a second Power of Attorney as your "substitute" attorney when drawing up the document initially⁽¹⁾.

Yes. You must be mentally capable⁽¹⁾.

Yes. If you are mentally capable of making a Power of Attorney you can take it back⁽¹⁾.