What is a power of attorney for personal care in Ontario?

A power of attorney for personal care is a legal document in which you authorize someone to make personal decisions on your behalf if you are unable to make them yourself. This is separate from a power of attorney for property, which covers financial matters.

In Ontario, personal care decisions covered by this document include decisions about your health care (such as consenting to or refusing medical treatment), where you live, what you eat, what you wear, your safety, and your general daily care. The document takes effect only when you are mentally incapable of making a specific personal care decision — it does not give your attorney authority to override your choices while you are capable.

The person you appoint is called your attorney for personal care, and they have a legal duty to make decisions that reflect your known wishes, values, and beliefs. This is why many people accompany a power of attorney for personal care with a "wishes document" or advance directive describing their health care preferences in detail.

In Ontario, a power of attorney for personal care must be in writing and signed before two witnesses who are eligible under the law — the same general witness restrictions that apply to a POA for property apply here. A lawyer can help ensure the document is valid and reflects your intentions.