What happens if family members disagree about my personal care in Ontario?

Family disagreements about a loved one's personal care are unfortunately common, and Ontario law has mechanisms to resolve them. The outcome depends on whether a power of attorney for personal care is in place.

If you have a valid power of attorney naming one person as your attorney, that person has the legal authority to make the decision. Other family members do not have the right to override your attorney's decision simply because they disagree. If they believe your attorney is not acting in your best interests or is ignoring your known wishes, they can make an application to the Consent and Capacity Board or to the court to have the attorney removed or their decision reviewed.

If you do not have a power of attorney and the substitute decision-maker hierarchy applies, two people at the same level of the hierarchy (such as two siblings) must try to reach a consensus before a decision can be made. If they cannot agree, the Health Care Consent Act directs the Public Guardian and Trustee — not the Consent and Capacity Board — to make the decision in their place.

The Public Guardian and Trustee is the body the Health Care Consent Act designates to resolve exactly this kind of disagreement. The Consent and Capacity Board plays a related but different role — for example, hearing capacity disputes or reviewing whether a substitute decision-maker complied with the required decision-making principles for a specific treatment. This process protects against both family conflict and potential misuse of the attorney role. The best prevention, however, is a clearly written power of attorney accompanied by a detailed wishes document, which leaves as little room for disagreement as possible.