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
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:
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!
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.