A Power of Attorney for Personal Care is a crucial legal document that allows you to appoint someone—known as your Attorney—to make personal care decisions on your behalf if you become incapable of doing so. This includes decisions related to your healthcare, medical treatment, housing, hygiene, and daily needs.
This document only comes into effect if you are deemed incapable of managing your personal care. At that point, your appointed Attorney can make important medical and personal decisions for you.
Your Power of Attorney for Personal Care may also include advance directives, which outline specific instructions regarding medical treatments you wish to receive—or avoid—when you are no longer able to make decisions yourself. However, under current Canadian law, advance directives requesting Medical Assistance in Dying (MAID) are not legally enforceable.
To access MAID, a person must meet the following criteria:
✅ Be eligible for publicly funded healthcare in Canada
✅ Be 18 years or older
✅ Be capable of making healthcare decisions
✅ Provide informed consent after receiving all necessary information
✅ Voluntarily request MAID (without external pressure)
✅ Have a grievous and irremediable medical condition, meaning:
- a serious and incurable illness, disease, or disability
- an advanced state of irreversible decline in capability
- enduring suffering (physical or psychological) that is intolerable and cannot be relieved
Eligibility for MAID must be confirmed by two independent medical professionals (doctors or nurse practitioners).
While you cannot legally request MAID through an advance directive, and your Attorney for Personal Care cannot consent to MAID on your behalf, discussing your wishes is still essential.
What you can do:
✔️ Have conversations with your Attorney and loved ones about your end-of-life preferences
✔️ Ensure your Power of Attorney for Personal Care includes other important medical directives
✔️ Stay informed about potential changes in legislation
Although the law does not yet allow advance directives for MAID, having open discussions can help ensure your family understands your wishes, should regulations evolve in the future.
More information? We’re here to help – estates@wardlegal.ca This WARDS LAWYERS PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.