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Power of Attorney for Personal Care

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Is there anyone I cannot name as my attorney?

You cannot name someone who is:

  • mentally incapable,
  • under 16 years of age, or
  • paid to give you health care or residential, social, support, or training services (unless this person is your spouse, partner, or relative).

When talking about Powers of Attorney for Personal Care, a person is your "spouse" if any of the following things are true:

  • you are married to them,
  • you have lived together common‑law for at least a year,
  • you have a written cohabitation agreement with them, or
  • you have a child together.

And, a person is your "partner" if you have lived together for at least a year and you have a close personal relationship of primary importance to both of you.

"Spouse" and "partner" can have different meanings in other areas of law.