Power Of Attorney for Personal Care
Others can make personal care decisions for your benefit.
Personal Care Decisions
If you become incapable, others can make personal care decisions for your benefit. This includes decisions regarding medical treatment, admission to care facilities, and personal assistance services.
Medical treatment decisions include therapeutic, preventive, palliative, diagnostic, and other health- related treatments. If you are not capable of consenting to medical treatment, your “substitute decision-maker” can do so for you, but he or she must follow your wishes. If you have not expressed your wishes, your substitute decision-maker decides according to your best interests, which include your known values and beliefs held while you were capable.
Emergency treatment can be given without your consent, unless the health practitioner believes that you expressed a contrary wish regarding the treatment while you were still capable.
Admission to Care Facilities
Your substitute decision maker can admit you to a care facility, including a home for the aged, a rest home, and a nursing home. Your substitute decision-maker must, however, follow your wishes expressed while you were capable. In a crisis, you can be admitted without consent.
Personal Assistance Services
Your substitute decision-maker can consent, if you are incapable of doing so, to personal assistance, which includes assistance with, or supervision of, hygiene, washing, dressing, grooming, nutrition, and other routines of living. Your wishes, if known, expressed while you are capable are to be followed.
Your substitute decision-maker is, and in this priority, the court-appointed guardian of your person, your attorney for personal care, your spouse or partner, your child or parent, your sibling, or any other relative. However, for the purposes of personal assistance services, your child or parent cannot make decisions for you unless you name them in a power of attorney for personal care.
The Power of Attorney for Personal Care
You can give a written “power of attorney for personal care” authorizing your attorney or attorneys for personal care to make the decisions described above for you, if you are not capable when the decision is to be made.