Source: Bryan R. Dale, Barrister & Solicitor

Under The Health Care Consent Act, anyone can make a statement of their care wishes and this will be binding on medical practitioners who are aware of the statement. Although there is no prescribed form for the statement, it is advisable that it be in writing and that a copy of it be given to your family doctor or other caregivers.

 

In addition to living wills, it is possible to appoint an attorney for personal care. Like the attorney for property, an attorney for personal care can be given the power to make decisions for you during incompetency, but the attorney for personal care will be authorized to make decisions relating to personal care and medical treatment.

 

A properly executed Power of Attorney for Personal Care can ensure that someone you trust will be making medical treatment decisions for you when you are unable to make those decisions for yourself. The Health Care Consent Act provides that consent may be given on behalf of an incapable person by one of the following persons, in the following order of preference:

 

• a court appointed guardian of the person,
• an attorney for personal care under a Power of Attorney for Personal Care;
• a representative appointed by the Consent and Capacity Board provided that person has been given authority by the board to grant consent,
• the incapable persons spouse or partner, where partner includes homosexual partners who have resided together for at least one year,
• a child (over 16 years old) or parent,
• a brother or sister, or
• any other relative.

 

The Act authorizes health care practitioners to provide emergency treatment where consent cannot be obtained from the patient, or from one of the above. For longer term care decisions, a court appointed guardian may be required unless an attorney has been appointed through a Power of Attorney for Personal Care.

 

For more information about Living Wills or Powers of Attorney for Personal Care, contact Bryan Dale today!

 

Bryan R. Dale Barrister & Solicitor, practices law in Markham, Ontario, Canada. He specializes in areas of business law, computer law, real estate and wills. To learn more about Bryan R, Dale and his practice, visit his website http://www.bdale.com.