Can I name more than one attorney for personal care in Ontario?
Yes, you can appoint more than one attorney for personal care in Ontario and specify how they must work together. However, in the personal care context, the structure you choose can have significant practical consequences.
If you appoint joint attorneys for personal care, all of them must agree before a decision can be made. In a medical emergency, requiring multiple people to reach consensus can cause dangerous delays. If your attorneys have different values or are geographically separated, joint appointments for personal care can become unworkable.
If you appoint joint and several attorneys for personal care, each one can act independently. This is generally more practical in a personal care context because it allows urgent decisions to be made without waiting for everyone to agree. The downside is less oversight.
Alternatively, you can appoint a primary attorney and name one or more substitute (backup) attorneys who take over only if the primary attorney is unable or unwilling to act. This is often the most practical structure: your first choice serves, and a clearly named backup steps in if needed.
When naming multiple attorneys for personal care, think carefully about whether these individuals will be able to communicate well with each other and with health care providers under stress. Choosing people who share your values and can work together respectfully reduces the risk of conflict when it matters most.
Key takeaways
- You can appoint joint, joint-and-several, or substitute attorneys for personal care
- Joint appointments require consensus, which can delay urgent medical decisions
- Joint-and-several appointments allow either attorney to act independently
- A primary attorney plus a named substitute is often the most practical structure