My family disagrees with my choice of attorney for personal care — do they have any say?

In Ontario, you have the right to appoint whomever you choose as your attorney for personal care, subject only to the legal eligibility requirements (such as the minimum age of 16 and the restriction on paid care providers). Your family members — including adult children, siblings, or parents — do not have a legal veto over your choice.

Once you have validly appointed an attorney for personal care and that attorney is acting under the document, family members who disagree with the attorney's decisions do not have the authority to override those decisions simply because of their relationship to you. Your attorney, not your family, has the legal authority to make personal care decisions on your behalf when you are incapable.

However, if family members have legitimate concerns that your attorney is not acting in your best interests or is not following your known wishes, they can apply to the Consent and Capacity Board or to the court to have the situation reviewed. This is an accountability mechanism, not a veto.

It is also worth acknowledging that family conflict is one of the hardest parts of this area of law. If you anticipate disagreement about your choices — for example, if you are appointing a close friend instead of a child — having a frank conversation with family before incapacity occurs and documenting your reasons can reduce conflict. A letter explaining your choices, stored with your documents, can make a significant difference.