WHY AGE DOESN’T MATTER - WHY EVERY YOUNG ADULT SHOULD HAVE A POWER OF ATTORNEY

In many ways, a Power of Attorney is one of the simplest yet most important legal documents a young adult can have. While it is easy to assume these documents are only for seniors, the reality is that an unexpected accident or illness can happen at any stage of life. Every young adult in Ontario should consider putting Powers of Attorney in place, regardless of one’s age, health, relationship or financial status.

What is the difference between a Power of Attorney and a Last Will and Testament?

While a Power of Attorney and Last Will and Testament are often overlooked as being similar documents they are, in fact, very different from each other. A Last Will and Testament covers the distribution of one’s property and only takes effect upon death, whereas a Power of Attorney applies while one is alive. Therefore, upon death, the Power of Attorney ceases to be in effect.

What is a Power of Attorney for Property vs a Power of Attorney for Personal Care?

By appointing a Power of Attorney for Personal Care, a young adult chooses someone they trust to make healthcare and personal care decisions if they become incapable of doing so themselves. This document ensures that the person making decisions understands their wishes and can advocate for their best interests when it matters most. To create a Power of Attorney for Personal Care in Ontario, one must be at least 16 years of age and voluntarily appoint an attorney with proper capacity to understand the scope of the attorney’s role.

A Power of Attorney for Property, on the other hand, allows a trusted individual to manage financial and legal affairs if the young adult becomes unable to do so. This can include making payments and paying bills, managing bank accounts, or handling other financial matters. Without appointing a Power of Attorney, family members do not automatically have the authority to step in, and they may need to apply to the Court to have decisions made on one's behalf. This process can be both time-consuming and expensive. To create a Power of Attorney for Property in Ontario, one must be at least 18 years of age and voluntarily appoint an attorney with proper capacity to understand the scope of the attorney’s role.

The Answer: Why should more young adults appoint a Power of Attorney?

Once a minor turns 18 years of age, they are legally recognized as an adult in Ontario. As a result, privacy laws, including Ontario's Personal Health Information Protection Act (PHIPA), protect their personal health information. This means that hospitals, doctors, and other healthcare providers generally cannot disclose medical information to parents, siblings, or other family members without the individual's consent.

If an unexpected medical emergency leaves someone unable to make or communicate their own healthcare decisions, their loved ones may be faced with legislative challenges and barriers when wanting to access important medical information or make time-sensitive decisions. Taking the time to prepare now can provide clarity and ensure that an individual's wishes are respected if they become unable to make decisions.

If you've read this blog post and have questions about creating a Power of Attorney for Personal Care or Power of Attorney for Property, an estate planning lawyer can help you understand your options and prepare the necessary legal documents.

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.