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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 there when you need them
  • understand your wishes
  • be able to make difficult decisions based on what they think you would want

Your attorney for personal care must be 16 years of age or older and mentally capable of making personal care decisions for you.

They cannot be paid to give you health care or certain other services unless they’re your spouse, partner, or family member.

Spouse or partner

Your spouse is someone you’re married to.

If you’re not married, they’re your spouse if you live in a conjugal relationship, which means it’s like a marriage, and you:

  • have lived together for at least one year, or
  • have lived together for less than one year but have a child together, or
  • have a cohabitation agreement, which is a contract that says how unmarried partners will deal with issues.

A partner is someone you’ve been living with for at least one year. And you have a close personal relationship that’s most important to both of you.

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