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Should I make a Power of Attorney for Personal Care?

When you’re no longer capable of making decisions about your health or personal care, someone must make them for you. This is your substitute decision-maker (SDM).

If you have a Power of Attorney for Personal Care, your attorney is your SDM, unless a court chooses someone else.

Decisions about personal care

Usually, your attorney decides if you’re mentally capable to make decisions about your personal care. This is true unless you say something else in your power of attorney.

Decisions about personal care include where you live, what you eat, what you wear, your washing and bathing, and keeping you safe.

If you do not have a Power of Attorney for Personal Care

You might not have a power of attorney and not be mentally capable of making some or all decisions about your personal care. If this happens:

  • someone could go to court and ask to become your Guardian of the Person, or
  • you might still be able to make a power of attorney if you’re mentally capable of doing that.

Decisions about health care

Your SDM for health care makes most health-care decisions that you’re not capable of making, including decisions about:

  • medical treatment,
  • moving to a long-term care home, and
  • personal care services in a long-term care home or a retirement home.

If you’re not mentally capable, health-care providers like doctors or nurse practitioners must get the informed consent of your SDM before treating you.

To give informed consent, your SDM must have the information they need to decide about the treatment, like its risks and benefits. Then they can agree to you having the treatment.

Who can be your SDM

Who gets to be your SDM for health care is based on this order:

  1. your Guardian of the Person
  2. your attorney for personal care
  3. someone appointed by the Consent and Capacity Board
  4. your spouse or partner (see page 5 for more information)
  5. your parent or your child
  6. your brother, sister, or other sibling
  7. any other relative
  8. the Office of the Public Guardian and Trustee

Your SDM must be 16 years of age or older and capable of and willing to make decisions for you.

There cannot be a court order or separation agreement banning them from being your SDM or from being in contact with you.

Advance care plans

You can put your wishes about your health and personal care in your power of attorney. These are called advance care plans.

Your wishes might be to:

  • stay in your own home as long as possible
  • follow your religious practices related to food
  • let or not let doctors use artificial life support

Your wishes are for your attorney or SDM to follow, not doctors or medical staff.

If your wishes change, put them in writing or tell someone. Your SDM or attorney must follow the most recent wishes you made while you were mentally capable.

Your attorney or SDM must make decisions based on what’s in your best interests if:

  • they do not know your wishes, or
  • it’s impossible to follow them.

To figure out your best interests, they must think about your values and beliefs, and any risks and benefits to what they do.

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