Can my attorney for personal care refuse medical treatment on my behalf in Ontario?

Yes. In Ontario, an attorney for personal care has the authority to both consent to and refuse medical treatment on your behalf when you are incapable of deciding for yourself. The right to refuse treatment is as important as the right to consent — your attorney can refuse life-sustaining treatment if that reflects your known wishes.

However, this authority comes with significant conditions. The attorney must make decisions based on your prior capable wishes if those are known, whether expressed in writing or verbally. If your wishes on a specific situation are not known, the attorney must act in your best interests, taking into account your values, beliefs, and current circumstances.

Health care providers cannot simply override a refusal by your attorney — if they disagree with a decision, they have the right to request a review by the Consent and Capacity Board. The Board can examine whether the attorney is following your wishes or acting in your best interest.

It is critical that your attorney knows your wishes in detail. If you have strong feelings about specific treatments — CPR, mechanical ventilation, artificial nutrition, palliative care only — document those wishes clearly in a separate wishes document and make sure your attorney has read and understands them. This greatly reduces the chance of conflict or uncertainty at a critical moment.