What is a power of attorney for personal care?

Power of attorney for personal care

Dec 6, 2016

If there ever comes a time in your life when you are unable to make decisions about your personal care, your Power of Attorney for Personal Care will have the right to do so on your behalf. They will be responsible for making decisions like where you will live, what kind of health care you will receive and what type of food you will eat.

If you do not have a written document appointing your various Power of Attorneys, the court with appoint someone to handle those decisions.

Purpose of a Power of Attorney for Personal Care

The purpose of this document is to allow you to control who will act on your behalf, if you become mentally incapable to do so. This person will handle personal care decisions that can extended over health care matters, housing choices, safety matters and personal matters like hygiene.

The person that you appoint Power of Attorney for Personal Care, is often someone you trust, like a spouse or family member. You are able to provide your attorney for personal care with instructions for the personal care you want.

Power of Attorney and Incapacity

Officially, a Power of Attorney for Personal Care is an authoritative written document that gives the person of your choice the right to make personal care decisions for you if you have become mentally incapable. According to the Substitute Decisions Act, 1992, incapacity means that “the person is unable to understand information that is relevant to making a decision or is unable to appreciate the reasonably foreseeable consequences of a decision or lack of decision.” (source)

The difference between Power of Attorney for Personal Care and Living Wills?

A Living Will is a document that allows you to maintain control over decisions made for your health care. Within your Living Will you are able to document what treatment measures should and should not be taken if you become ill and are unable to communicate your wishes. Your Living Will or personal directive can be used as a part of your Power of Attorney document.

Finding a Niagara Wiils and Estates lawyer

Your Estates lawyer can help you draft your Powers of Attorney and Living Wills document. For more information and guidance in regards to estate planning connect with one of the WIlls and Estates lawyers of St. Catharines law firm, Chown Cairns.

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