Who can I appoint as my attorney for personal care in Ontario?

In Ontario, your attorney for personal care must be at least 16 years old and must not be paid to provide you with health care, residential care, or social care (unless they are your spouse, partner, or relative). This restriction prevents a paid caregiver from being placed in a conflicted decision-making role.

Otherwise, the choice is broad. Many people appoint a spouse, adult child, sibling, or close friend. The most important considerations are: the person knows you well enough to reflect your values and wishes; they are emotionally capable of making difficult medical decisions under pressure; they are available and willing to advocate for you; and they can communicate clearly with medical professionals.

You can appoint a substitute attorney for personal care to act if your primary choice is unable or unwilling to serve. You can also appoint two people to act as joint attorneys for personal care, but be cautious — requiring joint decision-making in a medical emergency can cause dangerous delays.

Unlike some formal roles, your attorney for personal care does not need to be a lawyer or a financial professional. What matters most is their understanding of your values and their ability to speak up for you in a health care setting. Discussing your wishes with your chosen attorney in depth — and putting those wishes in writing — is as important as the document itself.