POWER OF ATTORNEY

Generally powers of attorney for personal care relate to all matters related to the person, including heath care, nutrition, safey and personal needs, but the authority given can be limited. Powers of attorney for personal care come into effect when the grantor becomes incapble of carrying out his personal care.

A power of attorney for property is commonly used to ensure that the financial affairs of a person(ie., the donor) are looked after by an attorney for any number of reasons, including situations where there could be a loss of capacity of the donor [see article ""The Definition of Capacity"] Substitute Decisions Act R.S.O.(1992) outlines in sections 32-38 the guidelines by which an appointed attorney or guardian must carry out his or her duties on behalf of a donor, which obligations are onerous and require a high standard of conduct. When an appointed attorney is assisting a donor prior to any incapacity, he or she does so merely as an agent, carrying out the instructions of the donor. However, this responsablity changes dramatically when the donor becomes mentally incapacitated, resulting in the duties of an agent augment to duties similar to a trustee. In any event, if you are acting as an attorney, it is of upmost important that you keep accurate records of the conduct of the donor/grantor,as well as the financial records. If you require assistance or clarification in regard to this topic, consult an Ontario lawyer.