Does a power of attorney for personal care cover mental health treatment in Ontario?

Health care decisions — including decisions about mental health treatment such as medication, hospitalization, and therapy — fall within the scope of a power of attorney for personal care in Ontario. If you are incapable of consenting to mental health treatment, your attorney for personal care can give or refuse consent on your behalf.

However, mental health settings involve some additional legal layers. Ontario's Mental Health Act and the Health Care Consent Act both apply. If a person is admitted to a psychiatric facility involuntarily (certified under the Mental Health Act), there are specific rights and processes that govern their treatment and their ability to challenge their detention and treatment decisions. These are not entirely displaced by a personal care POA, and your attorney will need to work within that framework.

One common issue is medication compliance — for example, an attorney may be asked to consent to psychiatric medication for someone with a serious mental illness who is refusing it. In those cases, if there is a valid power of attorney, the attorney's consent may authorize treatment. However, a patient always has the right to challenge a finding that they lack capacity through the Consent and Capacity Board.

If mental health treatment is a concern in your situation, discussing this specifically with both your lawyer and your treatment team is important, as the interplay of different statutes can be complex.