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ARTICLE · 14 FEBRUARY 2024

When You Can't Find A Suitable Power Of Attorney For Personal Care

In past blogs, we've discussed the importance of having a Power of Attorney for Property and a Power of Attorney for Personal Care.

CanadaLitigation, Mediation & Arbitration

In past blogs, we've discussed the importance of having a Power of Attorney for Property and a Power of Attorney for Personal Care. Without these documents in place, your loved ones will be faced with the long process of applying to court to become a guardian in the event you can no longer make any financial or health care decisions on your own.

Given how important these documents are, thoughtful consideration should be given to who your attorneys should be. However, in some cases there just isn't someone available who can perform these roles.

So, what happens then?

In very rare circumstances, a statutory body can be appointed as attorney. In Ontario, for example, the Office of the Public Guardian and Trustee (the "PGT") can be named as an attorney provided that they consent in writing before the Power of Attorney has been signed.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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