Français

Who can be my attorney?

Your attorney can be a family member, a close friend, or anyone else you trust. Think about who will:

  • be available when you need them
  • talk to you about your wishes
  • understand your personality, values, and beliefs
  • be able to make difficult decisions based on what they think you would want, even if family members disagree

Your attorney for personal care must be mentally capable and at least 16 years of age. They cannot be paid to give you health care or certain other services unless they are your spouse, partner, or family member.

Spouse or partner

Someone is your spouse if you are married to them. If you are not married, they are your spouse if any of the following are true:

  • you have been living together for at least one year,
  • you have been living together for less than one year but have a child together, or
  • you have a cohabitation agreement.

A cohabitation agreement is a domestic contract between partners who are not married. It says how they will deal with issues when they live together or stop living together, or if one of them dies.

A partner is someone you have been living with for at least one year. And you have what the law calls a close personal relationship of “primary importance” to both of you.

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

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