Understanding the Power of Attorney for Personal Care in Ontario: Your Guide to Health and Personal Decision-Making
What Is a Power of Attorney for Personal Care?
A Power of Attorney for Personal Care (POAPC) is a legal document that lets you name someone you trust — called your attorney for personal care — to make health and personal decisions for you if you become mentally incapable of doing so yourself.
This includes decisions about:
medical treatment and hospitalization;
long-term care and housing;
diet, clothing, and hygiene; as well as
safety and personal support services.
It ensures that if you can’t communicate or understand information about your care, someone who knows your values and wishes can speak for you.
Why It’s Important
Without a valid POAPC, Ontario law dictates who will make health decisions for you — typically following a strict hierarchy under the Health Care Consent Act, starting with your spouse or partner, then children, parents, and so on.
However, this default list may not reflect your true wishes. For example:
You may prefer a close friend instead of a relative.
Your next of kin might not share your views on end-of-life care.
Multiple family members could disagree, delaying medical treatment.
A POAPC ensures your voice is heard even when you can’t speak. It’s a compassionate safeguard for both you and your loved ones.
You can name anyone 16 years or older who is mentally capable and not providing you paid care (unless they’re a family member).
The person should:
understand your health care preferences and values;
be comfortable making difficult choices; and
be assertive enough to communicate with doctors and health professionals.
You can also name more than one attorney to act jointly or in succession, just as with a Property POA.
When Does It Take Effect?
Unlike a Power of Attorney for Property (which can take effect immediately if you choose), a POAPC only comes into effect after you are declared mentally incapable of making personal care decisions.
Mental incapacity is usually determined by a physician, psychologist, or designated assessor.
Until that point, you remain in full control of your own personal and medical choices.
How to Create a Power of Attorney for Personal Care
In Ontario, a valid POAPC must:
be in writing;
be signed and dated by you; and
be witnessed by two people who are not your spouse, partner, child, attorney, or attorney’s spouse
Strictly speaking, it doesn’t have to be notarized. However, having it professionally prepared and notarized ensures it’s clear, legally compliant, and easily accepted by hospitals and care facilities.
Our online notarial platform walks you through each step, helping you customize your POA for Personal Care to Ontario’s legal standards.
A Living Will or Advance Directive is a written statement of your health care wishes — for example, whether you would want life support in certain circumstances.
While a Living Will isn’t legally binding on its own in Ontario, it becomes a powerful guide for your attorney when included in or attached to your POAPC.
It gives your chosen decision-maker clarity about what you truly want.
Final Thoughts
A Power of Attorney for Personal Care gives you peace of mind that your health, comfort, and dignity will be protected — even in moments when you can’t advocate for yourself.
It’s one of the most meaningful legal documents you can prepare for your own well-being and for those who love you.
Take the Next Step
Secure your future care with a legally sound Power of Attorney for Personal Care, tailored to Ontario’s laws. Complete our online form to automatically generate your Power of Attorney for Personal Care — personalized, compliant, and ready for signing and witnessing.