The
Province of Ontario allows an individual to make two distinct
powers of attorney.
A
Continuing Power of Attorney for Property allows a person
(known as the "Donor") to give another person
(known as the "Attorney" or the "Donee")
the power to deal with the Donor's assets, to enter
into legally binding contracts on behalf of the Donor
and generally to stand in the place of the Donor with
respect to the financial affairs of the Donor. This
Power of Attorney may be limited in numerous ways including
when and for how long is the Power of Attorney effective
and what property of the Donor is covered by the Power
of Attorney.
A
Power of Attorney for Personal Care allows the Attorney
to make decisions for the Donor with respect to medical
treatment, place of residence, provision of food and
clothing, personal safety and personal hygiene in the
event that the donor is incapable of making one or more
of those decisions for herself. A "Living Will"
deals specifically with how the Donor wishes to be maintained
and treated in the face of a major, catastrophic medical
situation and is another name for
a Power of Attorney for
Personal Care.
When
making either Power of Attorney, one must carefully
consider who the Attorney will be and who would be the
Attorney in the event that the first named Attorney
cannot or will not act as Attorney. Additionally, the
Donor must carefully consider any specific conditions,
restrictions or instructions that she may wish to include
in the Power of Attorney.
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