Personal Choice. Self-determination. Your
right to decide about your own care; where you want to live; what you
want to eat; who you want to
look after you; where to spend your money – these choices and our ability to make them for ourselves, allow us to feel in control of our own life. They are the things most people take for granted; the things we think
we will always be able to do for ourselves. But, what if one day you can’t?
What if either because of an illness that gradually robs you of the ability to
do these things or, an injury that does so suddenly, this is taken away from
you? Who will make these decisions for you? While this is not something anyone likes to
talk about, the reality is, it is a very important thing to raise and discuss this
with people you care about, regardless of age or
situation because none of us knows what tomorrow will bring. Planning for what
you would like to happen, in the event that you need someone else to make
decisions for you in the future is called “Advance Care Planning” and the legal
documents that support this in Ontario are a Power of Attorney for Personal Care and a
Continuing Power of Attorney for Property. Every person over 18 should have
both.
A Power
of Attorney for Personal Care is a legal document that appoints one or more
people the right to make decisions on your behalf that specifically relate to
your care or treatment if you are deemed incapable of making those decisions
for yourself. Your “attorney” should be the person or persons you trust and
they are your “substitute decision maker(s)”. They should be someone who knows you and what
you would want in most situations. While
they may not share your values and beliefs, they should understand them and be
willing and able to uphold them, in the event that they are asked to make a decision
on your behalf. It would be best if you had conversations with that person (or persons) about your wishes in the event that you require care/medical
intervention in the future.
A Continuing
Power of Attorney for Property is a legal document that allows at least one
person to act on your behalf if you become incapable of managing your financial
affairs. This person can be but does not have to be, the same person as your
substitute decision maker. You should trust that the person (or persons) can
properly manage your financial affairs as they will have full authority to
manage your money and property.
You do not need a lawyer to draft your
Powers of Attorney though, it would be wise to consult one and have him/her prepare
the necessary documents. There are some basic components all Powers of Attorney
need to have in order to be valid, so if you choose not to have a lawyer create
one for you, you may download a basic form from the Office of the Public
Guardian and Trustee at www.attorneygeneral.jus.gov.on.ca/english/family/pgt/poa.pdf that can be completed on your own.
Once you have completed your Powers of
Attorney, keep the originals in a safe place and make sure that you have at
least one copy that is easily accessible. Ensure those you have asked to be
your attorney(s) are aware of their potential responsibilities and tell them of
the whereabouts of the original documents.
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