Estate Planning

Powers of Attorney for Personal Care ("POA for PC")

By Hull & Hull LLP

In a paper recently given by Mark Handelman, he comprehensively reviewed POA for PC, which document, he notes, is more often prepared as an afterthought to the Will and POA for Property package - too frequently granted without serious discussion between lawyer and client and between client and proposed attorneys.

A variety of noteworthy issues are covered in Mr. Handelman’s paper, including the following:

· the requirements of execution (i.e. required age of grantors and attorneys, as well as witness requirements and restrictions);

· when POA for PC become effective;

· revocation of POA for PC (i.e. capacity requirement and method and scope of revocation)

· the two tests (minimum) for a grantor's capacity that lawyers ought to turn their minds to (see the Substitute Decisions Act, s. 45; and Health Care Consent Act, s. 4(1));

· precautions to take when the grantor's capacity to execute a POA for PC is in question;

· special considerations, conditions, restrictions and instructions in POA for PC (i.e. authorizing use of force or restraint to place a grantor for treatment) and special processes for them to be effective; and

· advance directives in POA for PC (i.e. to give or refuse consent to a particular care plan) and the enforcement of same.

If you are interested in reading more on this topic, you can find Mr. Handelman’s paper by contacting the Ontario Bar Association.

Have a great weekend!

Natalia Angelini

Full post as published by Toronto Estate Law Blog on February 20, 2009 (boomark / email).