Power of Attorney for Personal Care (Instructions to Client Confirming Direction to Hold) (ON)

Summary

This precedent is a letter to the client confirming the terms under which the lawyer will hold signed powers of attorney for personal care. It contains practical guidance and drafting notes. An attorney for personal care can only act if the grantor is incapable. Under s. 49 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 ("SDA"), powers of attorney for personal care are activated in one of two ways if (1) the Health Care Consent Act, 1996, S.O. 1996, c. 2, Schedule A ("HCCA") applies to the decision and authorizes the attorney to make the decision (the HCCA governs three aspects of health care: treatment, admission to a care facility and personal assistance services); or (2) HCCA does not apply but the attorney has reasonable grounds to believe the grantor is incapable of making a decision affecting their personal care; where this is the case, the attorney cannot act if there is a condition in the power of attorney that requires the attorney to confirm that the grantor is ...