POWER OF ATTORNEY
What is a power of attorney?
Generally powers of attorney for personal care relate to all matters related to the person, including health care, nutrition, safey and personal needs, but the authority given to your attorney can be limited by you. Powers of attorney for personal care come into effect when you the grantor becomes incapable of carrying out your personal care.
Why have a power of attorney?
A power of attorney for property is commonly used to ensure that the financial affairs of a person(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.
What must an appointed attorney do?
The Substitute Decisions Act R.S.O.(1992) outlines in sections 32-38 the legal 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 by the attorney.
How can I be protected when incapacitated?
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 responsability changes dramatically when the donor becomes mentally incapacitated, resulting in the duties of an agent augment to duties similar to a trustee.
Should an attorney keep records on behalf of a donor?
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 donor's financial records. If you require assistance or clarification in regard to this topic, consult an Ontario lawyer.
What are some matters to be considered in the preparation of a power of attorney?
Important questions for you about your attorney document
- Who will be your attorney? [I recommend someone living nearby of a younger age, responsible, and able to make decisions, preferably a related person respected by the donor's family]
- Appoint an alternate, in case your chosen attorney is unavailable or unable to act on your behalf
- Do you have directives to your attorney as to organ donation?
- Do you wish to reside at home as long as you are able?
- Do you have specific instructions to your attorney as to whether to provide life-sustaining procedures on your behalf?
- If caring for yourself becomes difficult for you and an issue for your family, do you have instructions as to who will perform an assessment of your capacity of caring for your physical self? your mental capacity?
- Do you want to provide that your attorney receive a reasonable compensation from your estate while acting on your behalf and caring for you?
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