What is a power of attorney?
A power of attorney is a legal document, often referred to as a “POA”, that gives someone else the right to act on your behalf. The Office of the Public Guardian and Trustee has a Power of Attorney Kit that will help you appoint the person you want to make decisions for you when you are no longer able to do so for yourself.
Why do I need a power of attorney?
Many people believe their families will be able to step in if something happens and they cannot make decisions for themselves. This isn’t always true.
You can name someone to make financial decisions for you, such as paying your bills, with acontinuing power of attorney for property.
For personal care and health decisions such as where you live, what you eat or what medical care you will receive if you get sick or injured, you can name someone in a power of attorney for personal care.
Tip: No one can make you sign a power of attorney if you don’t want to. But, if you don’t choose one, the government may have to appoint someone to make certain decisions for you. It’s better if you choose someone you feel you can really trust, who knows your wishes.
Are there different kinds of power of attorney?
Yes. In Ontario there are three kinds of Power of Attorney:
- Continuing Power of Attorney for Property
- Power of Attorney for Personal Care
- Non-continuing Power of Attorney for Property
What if I don’t want a power of attorney?
No one can make you sign a power of attorney if you don’t want to. But, if you don’t choose one, the government may have to appoint someone to make certain decisions for you if you become unable to make decisions yourself.
It’s better if you choose someone you feel you can really trust, who knows your wishes.
What is a living will?
The expression “living will” is sometimes used to refer to a document in which you write down what you want to happen if you become ill and can’t communicate your wishes about treatment.
Is a “living will” the same thing as a “Power of Attorney”?
No. A Power of Attorney is a legal document in which you name a specific person to act on your behalf. A “living will” contains your treatment and personal care wishes and does not need to name anyone or be written in a certain way.
Where can I find out more about powers of attorney and living wills?
The Office of the Public Guardian and Trustee has created a set of frequently asked questions about powers of attorney and living wills.
