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 agree before a decision can be made. If they cannot agree, the matter can be referred to the Consent and Capacity Board to make the decision.

The Board is a specialized Ontario tribunal designed to handle exactly these disputes. It can hear applications, review decisions, and in some cases make substitute decisions itself. 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.