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A power of attorney is a legal document in which a person appoints another person to manage their affairs under specified conditions. The appointed person, usually referred to as the “attorney”, does not have to be a lawyer.
It is never too to early to prepare a power of attorney to protect you and your family in the event you become incapacitated by ill health or other unforeseen events.
In Ontario, there are two types of Power of Attorney documents. The first document is now called a Continuing Power of Attorney for Property, where a person (often called the “principal’ or “grantor”) delegates authority to the attorney to look after property and financial affairs. The second type is the appointment of a person as your Personal Care Attorney. Legislation allows for a power of attorney to survive even if the grantor becomes legally incapable of making decisions as a result of an accident or of disease.
Power of Attorney for Property
The use of powers of attorney for estate planning purposes is used for long term planning. Legislation allows for a power of attorney to survive even if the grantor becomes legally incapable of making decisions as a result of an accident of disease. Short term use of a power of attorney can also be invaluable during extended vacation or for individuals with a mobility related disability.
Financial institutions such as your credit union have their own power of attorney forms that apply specifically to the assets held at that institution. It should be noted that any power of attorney granted by this method takes precedence over any other power of attorney for property until specifically revoked.
Considering the scope of a power of attorney a very trustworthy individual should be selected. Consideration to use professional support when drafting a power of attorney to be assured that the chosen representative has not been given far more or far less power that was intended.
Power of Attorney for Personal Care
A power of attorney for personal care, also referred to, as a living will or health care directive is used to appoint an individual, called a proxy directive, to make health care decisions decision and personal care decision in the event that the grantor becomes incapable.
A power of attorney for personal care is a complex legal document and the use of professional support to draft it should be considered. Decisions related to medical methods and procedures to be used in the event of certain medical medial situations and decisions relating relate to aspects of daily life such as shelter, nutrition, hygiene, clothing and safety should be considered when preparing a personal care power of attorney.
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Russell Lawson
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Stephen Haller
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