"Power of Attorney for Personal Care"

"Personal care" includes health care decisions and personal care decisions. This kind of Power of Attorney only takes effect if you are found incapable.

You are capable to make decisions about treatment, an admission to a care facility, or "personal assistance services" if you are able to understand information given to you about these issues, and you can "appreciate the consequences" of your decisions. If you don't understand or appreciate consequences, a health care worker (ex. a doctor) may find you "incapable" to consent with regards to a treatment they have suggested (but you may still be capable to consent to other treatments).

Power of Attorney for Property

"Property" includes your money, your home (if you own one), and everything else you own. This kind of Power of Attorney takes effect immediately, unless you say otherwise.

You are capable to make financial decisions if you know what property you have and how much it's worth, are aware of your obligations to people who depend on you financially, know what powers you give to your attorney and that you can revoke these powers when capable, know that your property may decrease in value if your attorney makes the wrong decisions, and that your attorney must be able to account for their decisions about your property.

Health care
decisions include: treatments, admission to a care facility, and some "personal care" decisions while you are in a long-term care facility (these are called "personal assistance services").

A health care worker may suggest a treatment. They may decide that you are incapable to consent to treatment, and you will have to accept it or appeal the decision of incapacity.

If you're found incapable, your "attorney" will be asked to make treatment decisions for you. If you don't have an attorney, a
"substitute decision maker"
must be found. The following people will be contacted, in that order, until someone who's willing and able to make decisions for you is found:

1. your guardian (appointed by a court, may or may not be allowed to make care decisions)
2. your spouse or partner
3. your child (must be 16 years of age or older)
4. your parent
5. your brother or sister
6. any other relative
7. the Office of the Public Guardian and Trustee.

For non-treatment issues:

An "evaluator" (nurse, doctor, social worker, etc.) can find you incapable of making "personal care" decisions while you are in a long term facility, and your attorney will be asked to make these decisions for you.

Personal Care
decisions include: where you live, what you eat, your clothing, hygiene and safety. Unless you are in a long term care facility, the following rules apply:

If someone thinks you are incapable to consent to such decisions, and your attorney agrees that you're incapable, your attorney can make these decisions for you. However, you can name someone else in your Power of Attorney to "confirm" that you are incapable before your attorney can make these decisions.

"Continuing Power of Attorney for Property"

Can only be used if you are mentally incapable of handling your finances.

Even if you are incapable of managing your finances, you can sign a Continuing Power of Attorney for Property if you know that you have some kind of income and you know who should handle it. Your attorney must be 18 years of age or older.

Your attorney cannot change your will or make a new Power of Attorney on your behalf.

If you don't have an attorney or a Continuing Power of Attorney for Property and you become incapable to manage your property, your family and friends could manage your property informally, or someone could go to court and ask to be appointed as your "Guardian of Property" to manage your finances.

If no one handles your property, the Public Guardian and Trustee could be appointed to do so.

"General Power of Attorney for Property"

Can only be used if you are mentally capable to handle your finances. It lets your attorney handle your finances when you are unable to do so.

This is usually used for business reasons and/or for a short period of time like when you travel.

Your attorney cannot change your will or make a new Power of Attorney on your behalf.