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What a power of attorney for personal care covers
Most people picture a power of attorney as a money document. Ontario has a second one that has nothing to do with money. A power of attorney for personal care, made under Part II of the Substitute Decisions Act, 1992 (SDA), names the person who will decide about you, rather than your property, if you lose the ability to decide. It is usually prepared together with your will as part of wills and powers of attorney. Its partner document is the continuing power of attorney for property.
“Personal care” has a specific meaning. Section 45 of the SDA describes someone as incapable of personal care if they cannot understand the information relevant to a decision about their own health care, nutrition, shelter, clothing, hygiene or safety, or cannot appreciate the reasonably foreseeable consequences of a decision. Ontario’s guidance puts it more simply: personal care can include health care, housing, and other parts of your life such as meals, clothing, safety and hygiene.
As with the property document, the person you name is legally called your attorney. They do not need to be a lawyer. Ontario’s guidance suggests someone you trust, such as a family member, spouse or long-time friend.
How it works, step by step
- You sign it while you are capable. Section 47(1) sets a fairly low test: you need to be able to understand whether the person you are naming has a genuine concern for your welfare, and appreciate that you may need them to make decisions for you. Ontario’s guidance says you must be at least 16.
- Two witnesses sign. Section 48(1) requires two witnesses who each sign, and section 48(2) applies the same list of excluded witnesses as for the property document: the attorney and their spouse or partner, your own spouse or partner, your children, anyone under guardianship, and anyone under 18.
- Nothing happens while you can decide for yourself. Unlike a property document, which can work from the day it is signed, this one only authorizes a decision when you are incapable of making that decision (section 49).
- For health treatment, the Health Care Consent Act takes over. If a doctor finds you incapable of consenting to a treatment, the Health Care Consent Act, 1996 (HCCA) decides who gives or refuses consent. Your attorney for personal care ranks second on that list, after only a court-appointed guardian of the person (HCCA s. 20(1)).
- For other personal care decisions, such as where you live, your attorney may act if they have reasonable grounds to believe you are incapable of the decision, unless your document requires that incapacity be confirmed first (section 49(1)(b)).
- Your attorney follows your wishes. Under HCCA s. 21(1), a substitute decision-maker must follow a wish you expressed while capable and after age 16, if it applies to the situation. Only if there is no applicable wish, or it is impossible to follow, do they decide based on your best interests.
| Rank | Substitute decision-maker | What it means for you |
|---|---|---|
| 1 | A guardian of the person appointed by the court, with authority over the treatment | Only if the guardian has authority over that treatment |
| 2 | Your attorney for personal care, if the document covers the treatment | The person you chose ranks ahead of all family members |
| 3 | A representative appointed by the Consent and Capacity Board | Appointed on application to the Board |
| 4 | Your spouse or partner | Includes some common-law partners (s. 20(7)) |
| 5 | A child or parent (or a children’s aid society or other person lawfully in a parent’s place) | Children and parents rank equally with each other |
| 6 | A parent who has only a right of access | |
| 7 | A brother or sister | |
| 8 | Any other relative | |
| Last resort | The Public Guardian and Trustee | If nobody above qualifies, or people of equal rank disagree (s. 20(5), (6)) |
The table shows why the document matters even for people who are happy with the default. Without one, the decision falls to whoever ranks highest and is available. Several adult children rank equally, and section 20(6) says that if people of equal rank disagree, the Public Guardian and Trustee decides instead of them.
What changes the answer
Who can be your attorney
Section 46(3) bars anyone who provides you with health care, or residential, social, training or support services, for pay from acting as your attorney for personal care, unless they are your spouse, partner or relative. A paid caregiver or a care home employee cannot act as your attorney unless they are family. You may name the Public Guardian and Trustee, but only with its written consent before you sign (section 46(2)).
More than one attorney
If you name two or more, section 46(4) makes them act jointly unless the document says otherwise. For health care, where decisions can be urgent, many people let either attorney act alone, or name one attorney and a substitute. Section 46(5) lets the remaining attorneys act if one dies, becomes incapable or resigns, unless you say otherwise.
Instructions and wishes
Section 46(7) lets the document contain instructions about the decisions your attorney may make. Under HCCA s. 5, you can also express wishes about treatment, admission to a care facility or personal assistance services in the power of attorney, in another written form, or orally. Later wishes made while capable win over earlier ones. This is what people often mean by a “living will“: in Ontario it is a statement of your wishes, which your substitute decision-maker must follow where it applies, rather than a separate kind of legal document. Ontario’s guidance gives the example of someone telling their attorney they do not want life support if there is no hope of recovery.
Special clauses
Section 50 allows rare clauses, sometimes called Ulysses clauses, that let your attorney use necessary and reasonable force to have you assessed or taken for treatment, or that waive your right to ask the Consent and Capacity Board to review a finding of incapacity. They only work if, within 30 days, you sign a statement in the prescribed form and an assessor confirms in writing that you understood the clause. They are not part of an ordinary plan.
Signing by video
Section 3.1 of the SDA allows the witnesses to attend by audio-visual link if one of them is a licensee of the Law Society of Ontario and the signing happens at the same time. We explain the conditions in can you sign a will by video in Ontario, and they apply in the same way here.
When it ends
Section 53(1) ends it if your attorney dies, becomes incapable or resigns (unless another attorney or substitute can act), a court appoints a guardian of the person, you sign a new one (unless you say you want several), or you revoke it. A revocation must be written and signed in the same way as the original (section 53(2)). Separating from a spouse you named does not end it, which is worth knowing if your situation matches what happens to your will if you separate.
Example
For example, imagine Ravi, 74, lives in Richmond Hill with his second wife, Anita. He has two adult sons from his first marriage. Years ago he signed a power of attorney for personal care naming Anita, with his elder son as substitute, and he wrote in it that he does not want to be kept alive on a ventilator if his doctors find there is no realistic hope of recovery.
After a serious stroke, Ravi’s doctors find him incapable of consenting to treatment. Anita, as his attorney, ranks second under HCCA s. 20(1), ahead of both sons, so she gives or refuses consent on his behalf, and she must follow the wish he wrote down because it fits the situation. Had Ravi never signed the document, Anita would still rank fourth as his spouse, ahead of the sons. But if Anita had died first, his two sons would rank equally (with any surviving parent), and if they disagreed about the ventilator, the Public Guardian and Trustee would make the decision. The written wish would still guide whoever decided.
Common mistakes people make
- Signing only a property document. The two cover different things, and the property document gives no authority over health care. Our article on power of attorney for property vs personal care sets them side by side.
- Assuming the family will sort it out. They often can, but the HCCA ranking is fixed, and equal-ranking children who disagree lose the decision to the Public Guardian and Trustee.
- Writing vague wishes. “No heroic measures” can be hard to apply. Describe the situation and the treatment you have in mind, and talk it through with the person you name.
- Naming a paid caregiver. Section 46(3) does not allow it unless they are family.
- Using a child or spouse as a witness. Section 48(2) bars them, and the document is then not effective without a court order.
- Hiding the document. A power of attorney nobody can find on the day of a hospital admission does little good.
What to do this week
- Check whether you have a power of attorney for personal care, separate from any property document.
- Decide who you want to make health and housing decisions for you, and who would step in if they cannot.
- Write down your wishes about treatment, life support and long-term care, in plain words.
- Talk to the people you are naming, so they know your wishes and agree to act.
- Tell your family doctor and your attorney where the original is kept.
- If you have no documents at all, read what happens if you lose capacity without a power of attorney, then book a time. A first consultation takes 30 minutes, by video or in person, and you can request one here.
Frequently asked questions
At what age can you make a power of attorney for personal care in Ontario?
At 16. Ontario’s guidance gives 16 for personal care and 18 for property, and Part II of the SDA applies to decisions for people who are at least 16 (section 43). Section 44 also requires the attorney to be at least 16.
Can my attorney for personal care make decisions while I am still capable?
No. Section 49 only lets the attorney make a decision you are incapable of making. You can be incapable of one decision and still capable of others, and you keep making the ones you can.
Is a living will legally binding in Ontario?
Ontario law does not use the term “living will“. Wishes you express while capable and after age 16, in writing or orally, must be followed by your substitute decision-maker if they apply to the situation (HCCA s. 21(1)). Putting them in your power of attorney for personal care is the clearest way to make sure they are known.
Does my common-law partner decide if I have no power of attorney?
Often, yes. For the treatment ranking, HCCA s. 20(7) counts you as spouses if you live in a conjugal relationship outside marriage and have cohabited for at least one year, are together the parents of a child, or have a cohabitation agreement under section 53 of the Family Law Act. Section 20(8) says you are not spouses if you are living apart because the relationship broke down. Naming your partner in a power of attorney removes any doubt.
Can I have the same person for property and personal care?
Yes. Many people do, and many choose different people for each. What matters is that each person suits the job, and that the two can work together.
What is the difference between this and my will?
Your will takes effect when you die. Your power of attorney for personal care only works while you are alive and incapable, and it ends at death. Your will has its own signing rules, which are similar but not identical.
Our estate planning page explains how all three documents fit together for families and business owners.
Sources
- Substitute Decisions Act, 1992, S.O. 1992, c. 30, ss. 3.1, 10(2), 43 to 53
- Health Care Consent Act, 1996, S.O. 1996, c. 2, Sched. A, ss. 5, 20 and 21
- Ontario.ca: Make a power of attorney (age rules, expressing health care wishes)
- Ontario.ca: Mental capacity (planning for possible incapacity)
This page is general information about Ontario law, not legal advice for your situation. It reflects the law as of October 26, 2026.