Frequently Asked Questions

​QUESTIONS & ANSWERS ABOUT  POWERS OF ATTORNEY FOR PERSONAL CARE

What is a Power of Attorney for Personal Care?
It is a document which appoints another person to make decisions about your personal care when you are unable to do so by virtue of a loss of mental capacity.

What does "personal care" encompass?
Personal care includes safety, hygiene, health care, nutrition, shelter and clothing.

Who may give a Power of Attorney for Personal Care?
The statute specified no minimum age.  There is simply a statutory test as to the level of capacity required to give a Power of Attorney for Personal Care.  However, the attorney under a Power of Attorney for Personal Care cannot use it before the grantor turns 16. 

Who may act under a Power of Attorney for Personal Care?
Anyone over the age of 16 can act under a Power of Attorney for Personal Care.

How does one make a Power of Attorney for Personal Care?
Because there are formal requirements for execution of a Power of Attorney for Personal Care, it should be prepared with the assistance of your lawyer.

When does the Power of Attorney for Personal Care take effect? 
The Power of Attorney for Personal Care takes effect in accordance with the terms and conditions set out in the document itself.  With regard to medical decisions which require a patient's consent, the medical practitioner will look to the patient directly for his or her consent, failing which he or she will look to the person named in the Power of Attorney for Personal Care.