When does a power of attorney for personal care take effect in Ontario?

A power of attorney for personal care in Ontario only takes effect when you are incapable of making a particular personal care or health care decision yourself. It is "decision-specific" — you may be capable of making some decisions but not others, and your attorney can only step in for those decisions where you lack capacity.

Capacity in this context means the ability to understand the information relevant to the decision and to appreciate the reasonably foreseeable consequences of making or not making the decision. Health care providers assess capacity before they decide whether to look to your attorney or to you for consent. This assessment happens at the time of each decision, not once and for all.

Unlike a power of attorney for property, there is no option to make a personal care POA "effective immediately" regardless of capacity — it is always conditional on incapacity for the specific decision at hand. This is a protection built into Ontario law to preserve your right to make your own personal decisions for as long as you are able.

If your capacity is disputed, there are formal review processes available through the Consent and Capacity Board. This is a specialized Ontario tribunal that reviews capacity findings and consent decisions related to health care treatment.