Have you considered about what might happen to you or your property if you lose the mental capacity to make decisions for yourself? In Ontario legislationA Power of Attorney is a legal document that allows the person granting the power (donor) to give to another person (attorney) the authorization to do on the donor’s behalf certain legal acts.
There are two types of Power of Attorney commonly used in Ontario.
In Ontario, managing property for an incapable person is done by either a guardian of property or an attorney under a Continuing Power of Attorney for Property.
With the exception of power to make a Will an attorney appointed under a Continuing Power of Attorney for Property has the power to do, on the incapable person’s behalf, anything in respect of property that the person could do if capable.
Someone is incapable of managing property if he or she is unable to understand information relevant to making decisions regarding the management of his or her property, or appreciate the reasonably foreseeable consequences of a decision or lack of decision regarding managing their property.In order to have a valid Continuing Power of Attorney for Property the attorney needs to be appointed prior to incapacity. Therefore, you will not be able to appoint someone as an attorney for property during the time that you are incapable.
An attorney for personal care is someone who deals with the personal care of an incapable person. An incapable person is someone who is unable to understand information that is relevant to his or her own health care, clothing, hygiene, safety, nutrition, or shelter, or appreciate the reasonably foreseeable consequences of a decision or lack of decision.
The person you appoint as your attorney can make personal care decisions on your behalf when and if you are not capable of making those decisions. You are also able to include directions in your Power of Attorney for Personal Care that provide guidance on how decisions should be made.
Making someone an attorney is a very important decision that requires reflection on a variety of matters, including whether the attorney will make decisions based on your best interests.
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