Do I need a power of attorney for personal care if I have a disability in Ontario?

Having a disability does not automatically mean you lack the capacity to make your own personal care decisions, and it does not mean you need a power of attorney for personal care. In Ontario, the law presumes that every adult is mentally capable unless there is a formal finding of incapacity. The type or severity of a disability does not change this presumption.

Many people living with physical, sensory, intellectual, or mental health conditions retain full decision-making capacity throughout their lives and make their own health care and personal care decisions. The existence of a disability is not grounds for others to override your choices.

That said, some people with disabilities choose to create a power of attorney for personal care as a precaution for situations where they may be temporarily incapacitated — for example, during a medical emergency, surgery, or acute mental health crisis. This can be a valuable planning tool even if you have full capacity today.

If there are concerns about whether someone with a disability has the capacity to create a power of attorney, a capacity assessment can be conducted by a qualified assessor. The assessment looks at the specific ability to understand and appreciate the decision to create the document, not at the diagnosis or disability in general.

A lawyer experienced in disability and estate planning can help you create a personal care POA that reflects your individual needs and values.