Choosing and Guiding Your Attorney for Personal Care in Ontario

Why Choosing the Right Person Matters

A Power of Attorney for Personal Care (POAPC) only works as well as the person you name to carry it out.

Your attorney may one day have to make critical choices about your health, housing, nutrition, safety, and end-of-life care.

That means this is not just a legal appointment — it’s a deep act of trust.

Selecting the right person ensures that your dignity, values, and preferences are respected when you can no longer express them yourself.

Who Can You Choose in Ontario?

Under Ontario law, your attorney for personal care must be:

  • at least 16 years old; and

  • mentally capable of understanding the role.

You cannot appoint:

  • anyone paid to provide you health or residential care (unless they are a family member), or

  • anyone who is mentally incapable themselves.

You may choose one or more attorneys, either:

  • jointly (they must act together),

  • jointly and severally (either can act independently), or

  • in succession (a backup takes over if the first cannot act).
Qualities of a Good Attorney for Personal Care

When considering who to appoint, focus less on professional qualifications and more on personal reliability, empathy, and judgment.

The ideal attorney is someone who:

  • knows you well and respects your lifestyle and beliefs;

  • can stay calm and decisive in emotional situations;

  • is comfortable discussing medical and ethical issues;

  • can communicate effectively with doctors and family members; and

  • understands the responsibility to act in your best interests, not their own.

It’s often better to choose someone trustworthy and organized over someone who simply has a medical or legal background.

Your Attorney’s Legal Duties

Once activated, your attorney’s authority is guided by Ontario’s Substitute Decisions Act. They must:

  • follow your known wishes (from your POA or any prior statements);

  • if wishes aren’t known, act in your best interests;

  • consult with supportive family and healthcare professionals where appropriate;

  • encourage your participation in decisions as much as possible; and

  • keep records of decisions made.

Your attorney cannot delegate their authority to someone else or make financial decisions — those remain under your Power of Attorney for Property, if you have one.

How to Prepare and Guide Your Attorney

Creating the document is only the first step. To ensure your attorney can act effectively:

  • have a conversation about your health and personal priorities;

  • share your beliefs about quality of life, independence, and medical care;

  • provide examples — such as whether you’d prefer home care over hospitalization;

  • give them a copy of your POAPC and any Living Will or Advance Directive; and

  • keep their contact details up to date with your doctor and close family.

The clearer your guidance, the more confidently your attorney can make decisions that reflect your true wishes.
Common Mistakes to Avoid

  • Choosing someone simply because they’re a close relative, not because they’re suited to the task.

  • Failing to discuss your expectations in advance.

  • Naming multiple attorneys without defining how they will work together.

  • Not reviewing or updating your POA as relationships or circumstances change.

Even a well-drafted POA can create confusion if your chosen attorney isn’t properly informed.

Final Thoughts

Your Attorney for Personal Care is your voice when you no longer have one.

Choose someone who knows and honours your values — and take time to prepare them for the role.

With proper communication, you give your loved ones both clarity and peace of mind during difficult times.

Take the Next Step

Appoint the right person — and make your wishes clear.

Complete our online form to automatically generate a legally compliant Power of Attorney for Personal Care in Ontario, ready for signing and witnessing.
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