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Power in Planning
The first step in planning is to think about what you may want when you are ill or when you die. One can never know for sure, but planning for future and possible scenarios is a healthy approach to life. Who would you like to oversee medical decisions if you become unable to? How would you like your assets to be divided? Would you prefer a traditional funeral or a celebration of life ceremony? Once you have thought about these questions, and others that come to mind, it’s time to act. This often includes reaching out to professionals to create legally binding documents that support your needs and wishes. Understanding that loved ones will suffer with “Grief Brain” can inspire us to plan, to be proactive, and to create our “Death Box”, in support of those who will be grieving when we die. How do I create a Death Box? Click here for your free download. |
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Experts recommend that couples or housemates exchange chores, to be somewhat prepared to manage tasks that they have never been responsible for. This may include car maintenance and repairs, banking and other financial transactions, pool maintenance, laundry and household chores, cooking, cleaning, etc. There is no downside to doing this for one month per year and would be of significant benefit to be prepared for when a loved one is no longer available to share in these responsibilities, whatever the reason.
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What does POA mean
Designating a Power of Attorney (POA) is designed to help people plan for a time when they might not be able to make decisions for themselves, about their assets or health, due to illness or incapacity. There are two main types of Power of Attorneys that you can assign in Ontario; one for Personal Care and one for Property. A POA is only valid while a person is living; after death, all decisions fall upon the Executor of the Will. It is recommended to have more than one person designated in each POA category, due to the possibility that a POA is unable to act on your behalf or refuses to do so. Further, it is important to choose a POA who you trust fully and believe will act in your best interest. You want a POA who can honour your wishes, which is not always the case where a family member’s emotions interfere with honouring your preferences. |
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POA arrangements
To legally have a POA in Ontario, there are specific forms that must be signed by two witnesses, not including the POA themselves. In many cases people hire a lawyer to help facilitate this. Where affordability is an issue, others visit the Advance Care Planning Ontario website for POA templates.
A POA for Personal Care is relevant only when an individual does not have the capacity to choose for themselves. In this case, the POA would have the legal right to make decisions regarding the person's healthcare/treatment, shelter, nutrition, clothing, hygiene, and safety. Often, an individual can still make choices in some of these areas, meaning they understand the consequences of their decisions, and this must be honoured where applicable.
To legally have a POA in Ontario, there are specific forms that must be signed by two witnesses, not including the POA themselves. In many cases people hire a lawyer to help facilitate this. Where affordability is an issue, others visit the Advance Care Planning Ontario website for POA templates.
A POA for Personal Care is relevant only when an individual does not have the capacity to choose for themselves. In this case, the POA would have the legal right to make decisions regarding the person's healthcare/treatment, shelter, nutrition, clothing, hygiene, and safety. Often, an individual can still make choices in some of these areas, meaning they understand the consequences of their decisions, and this must be honoured where applicable.
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The POA for Property can be executed when an individual does not have the cognitive capacity to make sound decisions, or when they don’t have the physical capability to manage their assets, such as the mobility to go to the bank.
It is important to know that POA laws vary by Province, and POA documents would need to be rewritten if an individual moves to another province. In Ontario, when there is no POA for Personal Care documentation in place, the Substitute Decision Maker (SDM) rules apply. In this case, the hierarchy for decision-making is as follows: 1. Spouse/partner, 2. Parents or children, 3. Parent with right of access only, 4. Siblings, 5. Another relative, and 6. Public Guardian and Trustee. |
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Difference between POA and an Advance Care Plan (ACP)
The main difference between a Power of Attorney (POA) and Advanced Care Planning (ACP) is that a POA is a legal document that gives your trusted individual the power to make decisions on your behalf, including health and/or financial decisions. An ACP is a broad term that focuses solely on health-related wishes. An ACP allows individuals to express preferences around decisions that may need to be made by the POA in the future. This often involves choices around the type of treatments they would choose if they were able to, and those they would not. |
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There are five important steps to creating an ACP, recommended by Advanced Care Planning Ontario (2023), which involves, “Identify, Learn, Think, Talk, and Include”. ACP conversations are typically difficult ones, and the guidance on this website for Ontarians can be very helpful to facilitate effective discussions. It is important to note that ACPs and “Living Wills” are valid legal documents in some provinces, where an individual expresses their wishes, and these must be abided by. In Ontario, an ACP provides helpful guideline only, and if expressed in writing, is useful to those involved in healthcare decision-making, but is not legally binding.
