-74-
Power of Attorney
A Power of Attorney is a legal document that gives someone else the right to
make decisions on your behalf.
A Continuing Power of Attorney for Property is a legal document that allows
the person you name to make nancial decisions for you. This authority
can be used by that person while you are still mentally capable of making
decisions yourself or even in the event that you become mentally incapable
of making your own decisions about your property. In some cases, this Power
of Attorney can direct that the named person only act if you are mentally
incapable.
A General or non-continuing Power of Attorney for Property is a legal
document that only grants authority to another person while you are
mentally capable. If you become mentally incapable, the authority ends.
A Limited Power of Attorney for Property is a legal document that allows the
person you name to make decisions that are restricted in some way. This
might include a “bank Power of Attorney”, which only affects assets that are
in a named nancial institution. This Power of Attorney may be limited to a
specic period of time (for example, while you are out of the country) or for a
specic asset (for example, a house that is to be sold).
A Power of Attorney for Personal Care allows the person you name to make
personal care decisions for you if you become mentally incapable. These
decisions may involve shelter, safety, hygiene, nutrition, clothing and/or
health care. If you don’t have a Power of Attorney for personal care in place
and become incapable of making decisions about medical care or admission
to a long-term care home, a family member would still have the right to
make most decisions for you under the Health Care Consent Act. However,
if no one is willing or able to make decisions for you, the Ofce of the Public
Guardian and Trustee is required to make decisions on your behalf. This
Power of Attorney can also provide directions to your decision maker about
what kind of treatment you may want (or not want) in the event that you are
incapable of telling anyone yourself. This Power of Attorney only takes effect
if and when you are incapable.
The term “living will” refers to written directions or wishes about what
medical care you may or may not want to have in the event you become
incapable of making decisions about your care. Also known as an “Advance