|
French / Spanish
/ Vietnamese / Chinese
Power of Attorney
See Chart of Different Powers
of Attorney...
You have a legal right to decide what happens to
your body. This right includes accepting or refusing medical
treatments (if a person violates this right, they can be charged
with assault). However, you can only make such decisions while
you are legally "capable" (or "competent"
in the old law). Normally, you are assumed to be capable,
but if you are ever found "incapable" to make a
decision, someone else can apply or be asked to make decisions
for you.
You can appeal
a finding of "incapacity".
If you become unable to decide for yourself, or if
you are found "incapable" to make a decision, you
can let others know what you want beforehand. For example,
you can verbally give people instructions, which are legally
called "previous wishes". By writing a "statement
of previous wishes", there's a better chance your instructions
will be followed. However, the best legal proof of your previous
wishes is a Power of Attorney.
See Chart of Different Powers
of Attorney... A Power of Attorney is a legal document
in which you give someone (such as a relative or friend)
the power to make your treatment or finance decisions for
you if you're found "incapable".
You can choose someone to be your "attorney"
(different than your lawyer) and they will explain your "previous
wishes" to your doctor and others. Whoever you name has
to agree to be your attorney. You cannot choose someone who's
paid to give you health care, or someone who's "incapable",
or someone under the age of 16. You can name more than one
attorney to make decisions together ("jointly"),
unless you want them decide together OR separately ("jointly
and severally"). If an attorney dies or becomes incapable,
you can name one or more "substitute attorneys"
as well.
If you do not choose an "attorney", others
can be asked to make decisions for you (see: "Substitute
Decision Makers"), or someone can apply to become your
"representative". Someone can also apply to the
court to become your "Guardian of the Person"
or "Guardian of Property".
If your doctor or someone else finds you incapable
to make decisions about your treatment, money or other issues,
your Power of Attorney will tell people what you want done
or don't want done. Your chosen attorney must follow these
instructions and represent your wishes as best as possible.
If you don't give instructions for some unexpected situation,
your attorney has to decide for you based on what they think
is in your "best interest" and on what they know
about you. Someone, even your attorney, can go against your
wishes or interpret them differently if they are not specific
enough. It's best to think of any possible problems and talk
to a lawyer.
An Example: You don't want to be treated with most
anti-depressants because they make you ill. Your substitute
decision maker is told a new anti-depressant is available
and it has fewer side effects. Because you didn't know about
this drug, and did not list it when you signed your Power
of Attorney, your substitute decision maker may decide you
should be given the new drug.
To sign a Power of Attorney, you must be legally
"capable", and two independent witnesses must sign
with you. The best proof of your "capacity" is a
statement from someone who can assess
capacity (such as your doctor). People who cannot witness
your Power of Attorney include: your attorney, their spouse
or partner, your spouse or partner, your child, or people
under 18 years of age. You can change or cancel your Power
of Attorney only while you are capable (two witnesses must
also sign). Filling out a Power of Attorney is an important
legal task, so ask a lawyer or a community legal worker for
help. They can assist you in making your wishes as clear as
possible.
See Chart of Different Powers
of Attorney...
Advanced
Directives in the USA
The rules regarding Powers of Attorney can be found
in the Ontario Health Care Consent
Act (HCCA) and Substitute Decisions Act (SDA). The chart
below gives general information on the different kinds of
Power of Attorney.
4 page review of the Mental Health
Act
See our links.
home / recovery
/ rights / readings
/ links / feedback
/ QSOS
/ QSPC archive
|
