Can my attorney for personal care place me in a long-term care home?

This is one of the most significant and sensitive decisions an attorney for personal care may face. In Ontario, an attorney for personal care generally has the authority to make decisions about where you live, which includes consenting to placement in a long-term care (LTC) home if you are incapable of making that decision yourself.

However, the law sets important limits. The attorney must act in accordance with your known wishes on placement — if you expressed while capable that you never wanted to go into a long-term care facility, your attorney must take that seriously. If your wishes on this are not known, the attorney must make the decision in your best interests, considering your safety, care needs, and well-being.

Ontario's Long-Term Care Homes Act and the Substitute Decisions Act together govern this area. A hospital social worker or discharge planner will typically be involved in the process and will assess both your care needs and the availability of appropriate facilities.

If you have strong feelings about where you want to live as you age — whether at home with support, with family, or in a specific type of facility — document those preferences clearly in a wishes document attached to your power of attorney. This gives your attorney the clearest possible guidance for what can be an incredibly difficult decision.