Can my attorney for personal care consent to organ donation on my behalf?

Organ donation in Ontario is governed by the Trillium Gift of Life Network Act, which has its own consent framework that operates alongside — but somewhat separately from — your power of attorney for personal care.

Under Ontario law, if you have registered your consent to organ donation through ServiceOntario or made a signed and witnessed document consenting to donation, that registration or consent takes priority after your death. Your attorney for personal care generally cannot override a registered consent to donate, and cannot provide consent to donate if you did not register or otherwise express a wish to donate.

In practice, when a person dies in circumstances where organ donation is possible, the hospital's organ donation coordinator will check the Trillium Gift of Life registry. If you are registered, that is treated as your consent. If you are not registered, family members and substitute decision-makers — including your attorney for personal care — are consulted, and their agreement is typically sought as a matter of practice, though the law does not require it in all cases.

The clearest way to ensure your wishes about organ donation are respected is to register them on the Ontario registry through ServiceOntario, and to tell your attorney for personal care what you have decided. Discussing this with your attorney in advance reduces the chance of hesitation or confusion at an emotionally difficult moment.