WHAT CONDITIONS CAN I PUT INTO A "LIVING WILL" POWER OF ATTORNEY FOR PERSONAL CARE IN ONTARIO?
I type in "NONE" in this Instructions, Conditions, and Restrictions paragraph in almost every Power of Attorney for Personal Care that I draft. You don't want a doctor or health care provider refusing treatment because they aren't sure what your instructions mean and decide to consult their lawyers first. Future medical conditions and needs are difficult to anticipate and medical terminology may need complex drafting.
If you choose to disregard this suggestion:
The Government forms, which I don't recommend, suggest that you can use these paragraphs to state, for example, that although you have given your attorney the right to make decisions about where you live, you want your attorney to keep you in your own home as long as possible. The government forms suggest that you may want to ensure that your attorney observes your religious beliefs when deciding about your food.
Some people give instructions that create what they consider a “living will”: decline specific treatments or artificial life supports.
If you ask me when estate planning , I will suggest that you avoid instructions, conditions, and restrictions in a Power of Attorney for Personal Care. You are much better off choosing your Attorney(s) wisely, maintaining strict physical control over one original Power of Attorney for Personal Care document, and trusting your Attorney(s).
Call a Lawyer Now to Book an Appointment 905-273-3322
If you choose to disregard this suggestion:
- Do you want the power of attorney for personal care to be subject to instructions? Specify exactly how you want the Attorney to carry out their tasks.
- Do you want the power of attorney for personal care to be subject to conditions? Specify, if you wish, that it be effective only if you are out of the country or only if you are in hospital and remain in hospital.
- Do you want the power of attorney for personal care to be subject to restrictions? Specify, for example, if you wish that it is only usable for dental treatment.
The Government forms, which I don't recommend, suggest that you can use these paragraphs to state, for example, that although you have given your attorney the right to make decisions about where you live, you want your attorney to keep you in your own home as long as possible. The government forms suggest that you may want to ensure that your attorney observes your religious beliefs when deciding about your food.
Some people give instructions that create what they consider a “living will”: decline specific treatments or artificial life supports.
If you ask me when estate planning , I will suggest that you avoid instructions, conditions, and restrictions in a Power of Attorney for Personal Care. You are much better off choosing your Attorney(s) wisely, maintaining strict physical control over one original Power of Attorney for Personal Care document, and trusting your Attorney(s).
Call a Lawyer Now to Book an Appointment 905-273-3322
