Planning ahead - Powers of Attorney and "Living Wills" - Personal care

Frequently asked questions

What is a Power of Attorney for personal care? Click for answer

Power of Attorney for personal care is a document that allows another person (substitute decision maker or "attorney") to make decisions about your personal care. Your attorney would have the authority to make decisions for you about your medical care and other aspects of your care when you are no longer able to do so.

If you become incapable of making personal care decisions, for some decisions, including those about your medical treatment, the law says your doctor and other healthcare providers must get your substitute decision-maker's consent before taking action.

Source: The information aboveÌýwas adapted with permission from:

Community Legal Education Ontario.Ìý(October 2010).Ìý.

The Advocacy Centre for the Elderly (ACE). (October 2010).Ìý.Ìý

What are personal care decisions? Click for answer

Personal care decisions involve medical treatment, health care, housing, clothing, hygiene, diet and safety.

Source: The information aboveÌýwas adapted with permission from:

Community Legal Education Ontario.Ìý(October 2010).Ìý.

The Advocacy Centre for the Elderly (ACE). (October 2010).Ìý.Ìý

When does a Power of Attorney for Personal Care take effect? Click for answer

A Power of Attorney for personal care takes effect only if you become incapable of making either some or all of your personal care decisions(1).

Who decides that I am incapable of making personal care decisions? Click for answer

This would likely be your attorney, unless you have identified someone else in your Power of Attorney who needs to be contacted for verification purposes.

Source: The information aboveÌýwas adapted with permission from:

Community Legal Education Ontario.Ìý(October 2010).Ìý.

The Advocacy Centre for the Elderly (ACE). (October 2010).Ìý.Ìý

How will my attorney make decisions for me if I become incapable? Click for answer

If you give instructions, then your Power of Attorney must follow these instructions. If your Power of Attorney does not know of any instructions or you did not leave any, they must make decisions based on your best interests.

Source: The information aboveÌýwas adapted with permission from:

Community Legal Education Ontario.Ìý(October 2010).Ìý.

The Advocacy Centre for the Elderly (ACE). (October 2010).Ìý.Ìý

What if I am capable of making some personal care decisions? Click for answer

Your Power of Attorney is only able to make decisions that you are incapable to make.

Source: The information aboveÌýwas adapted with permission from:

Community Legal Education Ontario.Ìý(October 2010).Ìý.

The Advocacy Centre for the Elderly (ACE). (October 2010).Ìý.Ìý

Can someone make a Power of Attorney for me if I become incapable? Click for answer

Only you can make a Power of Attorney.Ìý

Source: The information aboveÌýwas adapted with permission from:

Community Legal Education Ontario.Ìý(October 2010).Ìý.

The Advocacy Centre for the Elderly (ACE). (October 2010).Ìý.Ìý

Helpful links and resources


A community based legal clinic for low-income senior citizens. Find information about capacity, advance care planning, consent and end of life care.


Find information about the network as well as access different tools like the Capacity and Consent tool.


Power of Attorney Forms (Personal Care)


Provides details about mental incapacity.
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