Powers of Attorney and Related Issues - Introduction

You have been told that you are not mentally capable of making decisions for yourself.

You are uncertain whether you are able to make decisions for yourself.

You want to plan for the future by naming someone who will be able to make decisions for you and handle your affairs.

Information about these and related issues may be found by going to the FAQs, publications and links on this page.

Ontario law says that a person is not mentally capable of making a particular kind of decision if the person cannot understand information relevant to that kind of decision, or cannot appreciate the reasonably foreseeable consequences of a decision or lack of decision.

The Health Care Consent Act applies to decisions about medical treatment, admission to a long-term care facility, or decisions about personal support services in a long-term care facility. The Substitute Decisions Act applies to decisions about money and other property, or about personal care. These Acts say what procedures must be followed if a person is thought to be incapable, what rights the person has, who has the right to decide whether a person is mentally incapable, and who has the right to make decisions on behalf of a mentally incapable person.

The Substitute Decisions Act makes it possible for a person to sign a document called a Continuing Power of Attorney for Property in order to appoint someone else to make financial decisions for them. The Act also makes it possible to sign a Power of Attorney for Personal Care, appointing someone to make personal care decisions if one becomes incapable. This Act says what must be in the power of attorney documents. This Act also says that a court may appoint a guardian to make decisions for an incapable person, and that in some situations, the Public Guardian and Trustee may become the guardian of a person who is incapable of managing their finances or property.

The Mental Health Act deals with the special situation where a person suffers from an illness that makes them a danger to themselves or others.

Please, see our FAQ (Frequently Asked Questions), ACE Publications or Links pages to find additional useful information on this topic.