![]() The person (or people) that you appoint must be at least 16 years of age and mentally capable. Your capacity to make decisions for yourself can change over time. You might be capable of making some decisions but not others. Your Power of Attorney for Personal Care only takes effect when you are not capable of making a particular decision. In your Power of Attorney for Personal Care, you appoint someone to make personal care decisions for you, including decisions about your: There are two types of Powers of Attorney in Ontario: Powers of Attorney for Personal Care and Powers of Attorney for Property. This is general information so it is important to get legal advice (see Getting legal help below). You should also talk to your Substitute Decision-Maker about the kinds of decisions you would want them to make for you. It is a good idea to talk to your Substitute Decision-Maker to make sure that they are willing to take on the responsibility. You should appoint someone you trust to make decisions in your best interest and according to your wishes, for example a close family member or friend. You can appoint more than one person in your Power of Attorney, and you can say if they can make decisions separately or if you want them to make decisions together. ![]() The person or people you appoint must be mentally capable. Under the law, the person you appoint is referred to as the “attorney” but is more commonly known as a “Substitute Decision-Maker” (SDM). The person you appoint in a Power of Attorney does not have to be a lawyer. People often make a will and Powers of Attorney at the same time. A Power of Attorney only has effect before you die. ![]() That is why you need a will as well as a Power of Attorney.Ī will expresses your wishes for after you die and has no legal effect before you die. It is important to understand that a Power of Attorney ends when you die. ![]() You never know when you might not have the mental capacity to prepare Powers of Attorney, so it is a good idea to make your Powers of Attorney if you are capable now. You have to be “mentally capable” in order to make a Power of Attorney. The definition of mental capacity is different depending on the decision, the purpose and the circumstances. The legal definition of what it means to be mentally capable is complicated. Usually, you appoint someone under a Power of Attorney because you want them to make decisions for you in case you are unable to make your own decisions because you are not mentally capable. Powers of AttorneyĪ Power of Attorney is a legal document in which you appoint someone to make decisions for you. Most community legal clinics do not deal with Powers of Attorney and wills but may give you information and referrals. People living in Ontario can contact their local community legal clinic for information about services in their communities. If you are living with HIV in Ontario, please contact us for free legal advice about this or other legal issues. This is general information so it is important to get legal advice. It also has information about who will take care of your children. This section has information about Powers of Attorney and wills. Your will only takes effect when after you die. Your will is about what you want to happen after you die. Your Powers of Attorney are about your wishes and decision-making when you are alive. “ Powers of Attorney” and “ wills” are legal documents that you prepare to set out your wishes about your care, your belongings and property, and your loved ones.
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