Are You Capable of Making a Power of Attorney for Personal Care?

The BarristonBlog

Are You Capable of Making a Power of Attorney for Personal Care?

07 May, 2020

A power of attorney for personal care is a potentially useful and inexpensive legal document to guard against a situation where a person becomes incapable of managing his or her own personal care decisions.

In the event that a person becomes incapable of making personal care decisions unless the incapable person had executed a power of attorney for personal care the only way going forward to administer the incapable person’s personal care decisions is by the appointment of a statutory guardian of personal care for the incapable person.

A guardianship of personal care appointment is both lengthy and expensive.

In order for a power of attorney for personal care to be valid the person making the power of attorney for personal care needs to be legally capable of executing the power of attorney for personal care document.

In order for a person to be capable of executing a power of attorney for personal care document the person needs to;

  1. have the ability to understand whether the proposed attorney has a genuine concern for the person’s welfare; and
  2. appreciates that the person may need to have the proposed attorney make decisions for the person.

If there are any concerns about the capacity of a person who is considering making a power of attorney for personal care it is important that the person obtain a capacity report from his or her family doctor or that the person undergo a capacity assessment under the Substitute Decisions Act prior to executing the power of attorney for personal care.

 

Barrie Hayes, Partner 

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