A Power of Attorney is a legal written document that allows one person to act on behalf of and make decisions for a person who is no longer mentally capable to make these decisions for themselves due to an illness or injury. The assigned power of attorney becomes a substitute decision maker for the incapacitated person in 2 separate areas: Property and Personal Care. A power of attorney for property allows the attorney to be able to make financial decisions about income, property, investments etc. The power of attorney for personal care allows the attorney to make decisions about where a person lives, what they eat, safety, clothing, personal hygiene, health care and treatment. The person you chose to be power of attorney for either property or personal care must be carefully selected. They must be of an age that they will be able to handle the demands and responsibilities of acting as power of attorney. They must also be trustworthy and have an understanding of your wishes. While a power of attorney for property can be paid for their work on behalf of the person, a power of attorney for personal care cannot be paid for their services. It is important that someone you are considering to be power of attorney recognizes the requirements/responsibilities of this role and is willing to accept them.
Each province has some variation on how powers of attorney and living wills are handled. The end of this article provides links to each provinces guidelines and regulations surrounding these documents.
These are legal mechanisms in which ones’ wishes and instructions are identified and documented. I have learnt that these documentations should be drafted by a knowledgeable person and preferably a lawyer rather than the do it yourself kits.
Most of us don’t want to talk about our own demise, ill health or death. However by not talking about it, we leave much to chance or the benevolence of others- which may not serve our own interests very well.
Start the conversation. Find a way to open the door to talk about these issues before a crisis hits. It can be done gradually and informally or a family meeting can be called. Write down the issues, document the decisions. Keep a binder of where important documents such as the POA can be located. Sometimes it is helpful to have a professional guide the process.
For more information contact: Elder Caring Inc. www.eldercaring.ca 1 866 473 8887 Links to Government Guides and regulations around living wills and powers of attorney
British Columbia: http://www.llbc.leg.bc.ca/public/PubDocs/bcdocs/359027/rep_guide.pdf
Alberta: The Personal Directive Act http://www.seniors.gov.ab.ca/opg/PersonalDirectives/
Saskatchewan: Health Care Directive and Substitute Health Care Decision Makers Act [pdf format]
Manitoba: The Health Care Directives Act Health Care Directives – FAQs Ontario: Powers of attorney and living wills – FAQs [pdf format]
Quebec: http://www.justice.gouv.qc.ca/english/publications/generale/procurat-a.htm
New Brunswick: Infirm Persons Act Nova Scotia: http://www.gov.ns.ca/legislature/legc/statutes/medcons.htm
Prince Edward Island Consent to Treatment and Health Care Directives Act [pdf format]
Newfoundland and Labrador http://www.assembly.nl.ca/Legislation/sr/statutes/a04-1.htm
Yukon http://www.psc.gov.yk.ca/benefits/estateplanning.html
Northwest Territories Powers of Attorney Act [pdf format]
