What kinds of day-to-day decisions can my attorney for personal care make?

A power of attorney for personal care in Ontario covers a broad range of personal matters beyond major health care decisions. Your attorney for personal care can make decisions about your housing and living situation, what you eat and drink, what clothing you wear, your daily routine and activities, and your safety and hygiene.

For example, if you are living at home with care support and your attorney determines that you can no longer safely manage there, they could authorize a move to assisted living or a group home. If you are in a care facility and prefer certain foods or activities, your attorney can express your known preferences to care staff. In ongoing care situations, the attorney often acts as your advocate — ensuring your dignity is respected and your preferences are honored as much as possible.

However, the scope of a personal care POA does not extend to your financial affairs (that is covered by a separate property POA) or to decisions that are not genuinely personal care related. There can also be gray areas — for example, decisions about recreational activities might be personal care or might have financial implications.

Your attorney must always act based on your known wishes, values, and beliefs. Discussing your preferences in detail with your attorney before any incapacity occurs — and writing them down — is the most effective way to ensure daily life decisions reflect who you are.