Legal Matters

Power of Attorney

A Power of Attorney is a legal document where a person – called the donor, authorizes another person – called the attorney, to make specific decisions on behalf of the donor, i.e. the resident. There are three variations as the role of Power of Attorney:

1.) A general power of attorney given under the Powers of Attorney Act;

2.) Power of Attorney for Personal Care given under the Substitute Decisions Act;

3.) and a Continuing Power of Attorney for Property, also given under the Substitute Decisions Act.

These are described briefly below. Collingwood Nursing Home assumes no responsibility for the accuracy of the information in this section. Residents and their families are strongly advised to obtain independent legal advice regarding the role of a Power of Attorney.

A general Power of Attorney may be established, as long as the donor is mentally capable of making decisions regarding the donor’s own property and assets. A general Power of Attorney can be used, for example, by a bedridden resident who wishes the attorney to perform administrative chores, such as banking on the donor’s behalf.

Powers of Attorney for Personal Care allow a donor who is of sound mind to have their wishes followed regarding their own personal care even when the donor becomes mentally incapacitated. For example, if a person who does not wish to be resuscitated after suffering a massive heart attack may direct that no measures be undertaken on their behalf.

A Continuing Power of Attorney for Property permits a donor to appoint an attorney to take care of the donor’s property, if the donor becomes mentally incapacitated and allows the donor to assume management of their own affairs, providing if they regain the ability to do so.

The Office of the Public Guardian and Trustee publishes Power of Attorney kits to provide direction to people who wish to obtain information about Powers of Attorney for Personal Care and Continuing Powers of Attorney for Property.

The Collingwood Nursing Home strongly recommends that residents and their families seek legal advice to ensure that the legal rights of the resident are protected, ensuring that the residents best interests are being served.

Will Preparation

Residents are advised to have a valid “Will” upon admission. Please note that under Ontario law there are certain formal requirements which must be followed if a “Will” is to be legally enforceable, and, residents who have not already done so, are strongly advised to consult a lawyer regarding their Wills.

Funeral Arrangements

It is advisable that residents have funeral arrangements organized. Where arrangements are established, please be sure to notify registered staff so that they can document the information into the residents chart. It is usual that our staff collect together a. Our staff may assist family members to collect a deceased resident’s belongings in their time of grief, out of respect and consideration for the person they have cared for and their family.