Duties of an Attorney for Personal Care

(This is an edited version of our Client Guide which provides general information and is made available to our clients to assist them to understand the duties of an attorney under a power of attorney for personal care. This is not intended to constitute legal advice, which by its nature is situation specific. If you have questions about a specific legal problem, you should consult a lawyer who will provide legal advice only after reviewing all the facts relevant to your situation before providing that advice, rather than relying on the general information provided in this Guide.)

An attorney for personal care has important responsibilities in making personal and health care decisions on behalf of another person which must be exercised and performed diligently and in good faith. Where an attorney for personal care has acted in good faith, no legal action can be brought against him or her for anything done or omitted in the carrying out of the responsibilities under the power of attorney for personal care. The Substitute Decisions Act has outlined the attorney’s duties as follows:

An attorney for personal care is required by Regulation under the Substitute Decisions Act to maintain the following records:

These records must be retained by the attorney until a release is obtained from a person entitled to provide it or court order. If a new attorney is appointed, the records maintained by the prior attorney must be delivered to the new or substitute attorney. On death, the records must be delivered to the estate trustee for the deceased incapable person.

Where a question arises concerning the personal or health care of an incapable person, an application may be brought to the court for directions.



Any questions? If you have any questions about duties of an attorney under a power of attorney for personal care, please contact us at:

W. Bruce Drake
Hooey · Remus
Telephone: (416) 362-2051
Facsimile: (416) 362-3646
Suite 400, 1 University Avenue
Toronto, Ontario M5J 2P1

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This page was originally created on July 3, 1996 and was last updated on January 1, 2001.
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