Powers of Attorney

In a Power of Attorney, the client appoints someone to make decisions for him/her in the event that he/she loses the mental capacity to make decisions on his/her own behalf, but is still alive. There are fundamentally two types of Powers of Attorney: Power of Attorney for Property and Power of Attorney for Personal Care.

A person appointed (called an ‘attorney’) under a Power of Attorney for Property has the authority to make financial decisions on behalf of the incapable person, including ensuring that the incapable person’s bills are paid, taxes are filed and paid, and deal with the incapable person’s real estate.

There are also more limited Powers of Attorney for Property which appoint an attorney to look after a person’s assets, potentially including business interests, for a limited time. This is appropriate certain circumstances, including situations in which the person is away on an extended trip and cannot look after his/her assets personally.

A person appointed under a Power of Attorney for Personal Care will have the authority to act on the incapable person’s behalf with respect to decisions regarding health care, housing, hygiene, safety, nutrition and grooming.

Powers of Attorney for Personal Care frequently include end-of-life wishes, commonly referred to as the ‘living will wishes’. These wishes are not legally binding in Canada at this time; however, they are intended to be morally binding, and to give the Attorney for Personal Care direction and support in making end-of-life decisions for the person.