Power of Attorney for Personal Care or Living Will
The Substitute Decisions Act, 1992 addresses the decision-making for personal care permitting the creation of a power of attorney for personal care. Your power of attorney for personal care is also called your living will. This is your legal document giving someone the power to make decisions about your personal care, including your health care. This person will be called your attorney and this person will make decisions only if you become mentally incapable of making those decisions yourself. This person will become your substitute decision-maker (SDM) when you become mentally incapable. You can appoint more than one attorney and also substitute attorneys.
Your attorney can make decisions about your personal care and your health care this includes decisions about where you live, what you eat, what you wear, your washing, bathing, keeping you safe, agreeing or refusing health-care treatments, moving into a long-term care home and getting personal assistance services in a long-term care home or retirement home.
Requirement for your attorney/SDM: Your attorney and your SDM must at least be 16 years old, mentally capable, available and willing to make decisions for you and not be stopped from acting as your SDM by a court order or a separation agreement. They must make decisions based on what is in your best interest.
Your requirement for making a POA: You must be at least 16 years old and mentally capable, have an understanding of whether your attorney is truly concerned about how you live and are taken care of and that you may need this person to make decisions for you.
Your power of attorney ends when either you die, your attorney dies, becomes incapable or resigns or when a court appoints a guardian of the person for you, when you make a new Power of Attorney or when you cancel or revoke it while you are mentally capable. You can revoke your power of attorney by a revocation or a notice of revocation.
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