Different Types of Power of Attorney in Ontario
A power of attorney is a legal document that is usually drawn up at the same time that you make your will. But where a will outlines what your wishes are after your death, a power of attorney names one or persons who will be given the authority to make decisions for you while you are alive in the event that you are not able to make those decisions for yourself.
In Ontario, there are three different types of power of attorney. You may choose to have the same person appointed for all three types, or you may choose a different person for each. The three types of power of attorney are as follows:
Non-continuing power of attorney
This document appoints someone to make financial decisions for you during a specific timeframe. It also outlines the tasks this person can execute on your behalf. This type of power of attorney may be used if you are away from home for an extended period of time. Should you become mentally incapacitated, this document is automatically revoked.
Continuing power of attorney
It allows your appointee to make financial decisions on your behalf in the event that you become mentally incapable of doing so. Generally, this person will have the authority to pay your bills for you, collect income on your behalf, apply for benefits, monitor investments, and so forth. You may make their duties as specific as you wish however, they should be kept broad enough to allow them to manage your financial affairs effectively.
Power of attorney for personal care
It allows the person you appoint to make decisions about your personal care, including healthcare, medical treatment, and housing. For this power of attorney to come into effect, a health professional must first confirm that you cannot make these decisions on your own.
Choosing someone for the power of attorney
It is important to note that making personal care and financial decisions for a person who has become mentally incompetent can be extremely difficult. The person or persons you choose should be ready to handle the emotional turmoil that these responsibilities may bring. You should discuss your wishes with your appointees ahead of time so that they are better prepared to carry out your wishes.
While you are not legally required to have a power of attorney, if you become mentally incapable of making decisions for yourself, the responsibility will still fall on someone. It is better to carefully consider who you trust to make financial and personal care decisions on your behalf and start preparing them now.
Contact Levy Zavet today
If you haven’t thought about who will make decisions for you in the event that you are unable to, you shouldn’t put it off any longer. Contact Levy Zavet Lawyers today to speak to a lawyer about putting your power of attorney(s) in place.
