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Wills & Estates

What is the difference between a power of attorney for personal care and a living will in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

These two documents are closely related but serve slightly different functions, and in Ontario the terms are sometimes used interchangeably or together.

A power of attorney for personal care is a formal legal document governed by the Substitute Decisions Act. It appoints a specific person — your attorney — to make personal and health care decisions on your behalf when you cannot make them yourself. The attorney is the decision-maker; they must follow your known wishes but also have to exercise judgment in situations your document did not anticipate.

A living will (also called an advance directive or wishes document) is a written statement of your personal health care preferences — for example, whether you want CPR, artificial life support, palliative care only, or specific treatments. In Ontario, a living will is not a separate piece of legislation; it is recognized as evidence of your wishes that your attorney and health care providers should follow. It does not appoint a decision-maker on its own.

Ideally, you have both: a power of attorney for personal care that names your attorney, plus a detailed wishes document attached or alongside it. This gives your attorney the guidance they need to make decisions that truly reflect your values, and it gives health care providers clear direction. A lawyer can help you prepare both documents at the same time.

Key takeaways

  • A POA for personal care appoints a decision-maker; a living will records your wishes
  • Both documents work best together
  • In Ontario, living wills are recognized as evidence of your wishes, not separate legislation
  • Give your attorney a detailed wishes document to guide their decisions
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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