Powers of Attorney

Introduction
The Substitute Decisions Act, the law which deals with allowing other people to make your decisions, recognizes two different types of Powers of Attorney. One form of Power of Attorney deals with property and finances and the other deals with personal care, including medical consents.

What is an Attorney?
When most people hear the word ‘attorney', they think of a lawyer. However, in a Power of Attorney, the word ‘attorney' means someone whom you have chosen to act on your behalf in certain situations. Your attorney under a Power of Attorney does not need to be a lawyer.

Continusing Power of Attorney for Property (Finances)
A Continuing Power of Attorney for Property allows you to give your attorney the authority to make any type of decision related to your property (finances) that you can make yourself, except the ability to make your Will. You can impose conditions or limits on when your attorney can act, and how they can act. To make a Continuing Power of Attorney for Property you must be at least 18 years old and mentally competent.

Your appointed attorney has certain duties and obligations. They must:

• act diligently with honesty and integrity in good faith;
• explain the duties and powers to you when acting;
• encourage your participation in decisions;
• foster regular contact with supporting relatives and friends; and
• consult with supportive family members and friends.

Your attorney must put your needs first. Your attorney must keep accurate accounts of all transactions.

Continuing Power of Attorney for Personal Care
A Continuing Power of Attorney for Personal Care is a legal document in which someone else is given the authority to make personal care decisions for you if you become incapable of making your own decisions. To do this, you must be at least 16 years old and mentally competent, although in most cases it is recommended that you be over 18 years of age. The decisions involved in personal care include health care, nutrition, shelter, clothing, hygiene or safety. This power includes the right of your attorney to give or refuse consent to medical treatment on your behalf.

Your attorney for personal care has similar duties to those of an attorney for property including:

• fostering your independence; and

• choosing the least restrictive and intrusive course of action that is available or appropriate.

Who Should be my Attorney?
The attorneys under a Continuing Power of Attorney for Property and a Power of Attorney for Personal Care require different skills. Your attorney for property should be a trusted person who has the skills to handle your finances. Your attorney for personal care should be a trusted person who will be able to make decisions during emotionally difficult times that may occur when you are unable to make decisions for yourself. While many of our clients choose the same person to be their attorney for property and their attorney for personal care, there is no legal requirement that this be the case.

Conclusion
Powers of Attorney are important legal documents and should be prepared after careful consideration. In our opinion, the cost of preparing a Power of Attorney is greatly exceeded by the enhanced peace of mind and increased ability to deal properly with your business affairs during a period of incapacity.

Revision Date: November 15, 1999

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NOTE: This brochure provides general information and is not intended to be a legal opinion. Readers are cautioned not to rely on this information without obtaining legal advice with respect to their own circumstances.