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FAQ

Power of Attorney for Personal Care Lawyer

How will you decide what medication to take or what healthcare you will receive? What you will eat? How will you deal with your rent, your food or shelter? With a Power of Attorney for Personal Care, you can provide the person(s) you chose with the legal authority to make decisions about your health care, nutrition, and diet, shelter, clothing, hygiene and safety, and medical treatment.

A Power of Attorney for Personal Care is a legal document in which one person gives a loved one the authority to make personal care decisions on your behalf if you become mentally incapable. Similarly to the Power of Attorney for Property, you are giving your Attorney the Authority to make decisions about your personal care should you become mentally incapable to make your own decisions that involve things such as:

  • where you live
  • your shelter
  • what you eat
  • provide or refuse medical treatment
  • the medication you ingest
  • your death
  • the kind of medical treatment you receive

Who may not be appointed as my Attorney?

You may not appoint anyone who provides you with healthcare, residential services, social services, training services or support services for compensation. This means you should never appoint your landlord, your doctor, your teacher, an attendant, a nurse, a VON or anybody that provides services to you.

When will the Power of Attorney be valid?

A Power of Attorney will be valid if at the time it was executed you were capable of giving instructions for execution even if you are incapable of personal care.

When is my Power of Attorney for Personal Care effective?

Your Power of Attorney for Personal Care is effective once you are not able to understand information that is relevant with respect to your healthcare decisions

Will someone assess my incapacity?

Yes.  The Attorney and/or Power of Attorney shall, on your request, assist in arranging an assessment with respect to assessing your capacity as a grantor.  Our Powers of Attorney call for two independent medical evaporators to provide their on opinion on your capacity, in their best medical judgment .

What can a Power of Attorney decide for me?

If you become mentally incapable your Attorney must make decisions that conform to your legal document. Your Power of Attorney for Personal Care can make decisions with respect to your health and personal care. The decisions that your Attorney can make will be decisions that you cannot make yourself because you are mentally incapable and you cannot make decisions concerning your own health care, nutrition, shelter, clothing hygiene, safety or you are not able to reasonably foresee the consequences of a decision or a lack of decision.

If you become mentally incapable and your Power of Attorney does not have authority to make decisions for you, the Court may appoint a guardian in the Attorney’s place. We strongly suggest that if you are considering a Will or a Spousal Will, that you please also let us draft Powers of Attorney for Personal Care and Property.

Do you need or does a loved one need a power of attorney?

If you or a loved one require a power of attorney for personal care please do not hesitate to contact our Hamilton Power of Attorney for Personal Care Lawyers. Give us a call at 905-333-8888 or fill in a contact form today today to discuss your power of attorney for personal care needs.

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