Responsibilities of a POA for PERSONAL CARE
A POA will be responsible for making decisions for an incapable person or grantor regarding their health and safety. The grantor may limit the POA's power to only specific acts.
What would your POA for PERSONAL CARE do?
A Power of Attorney for Personal Care may only be implemented if the grantor is incapable of making their own decisions and would state this in the document.
If the POA believes the grantor is incapable, they can make other personal care decisions for you relating to:
- Safety
- Hygiene
- Clothing
- Diet
- Medical Treatment
- Housing, etc.
A Power of Attorney of Personal Care is not allowed to:
- Manage property (ex. homes, bank accounts, money) as these are the duties of an Attorney for Property
- Make your will or change an existing will
Standard of Care
If a POA is being paid (compensated) to act in their duties will determine the standard of care owed to the grantor.
If the POA is not paid for their role, they owe the grantor the duty to act with the level of care, diligence (effort), and skill level that the average reasonable person would be expected to offer.
A paid attorney has the higher standard of a person in the business of managing property of others (SDA ss.32(7)-(8)).
There is no statutory compensation for a POA for personal care.
Involving the Grantor
Power of Attorneys are responsible for making potentially life changing decisions for the grantor. It is important for the POA to establish a trusting relationship with the grantor by involving them within the decision-making process as much as possible. This includes:
- Maintain a stream of constant communication with the grantor and their family;
- Involve the grantor in decision-making to best of their abilities if possible;
- Consult supportive family who might be involved in the day-to-day care or contact with the grantor;
- Ensure that the grantor and POA are on “the same page” as to the duties and powers the POA owes the grantor
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