Legal Question in Wills and Trusts in Canada

I have Power of Attorney for Health for my Mother and Father. Does this give me authority over my Father to place my mother in a "home". where she will be better cared for?

He is not willing to have her placed yet he is not giving her proper care by any means and is also very verbally abusive to a point her safety is a concern. I live in Ontario, Canada.


Asked on 9/19/11, 6:37 am

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

As noted on the LawGuru website, all question directed to this lawfirm must be answered with reference to British Columbia law. You have asked a question that addresses an often-misunderstood area. A Power of Attorney is an instrument that confers authority on the holder (the "Attorney-in Fact") to deal with the grantor's (the person who gives the Power of Attorney) financial affairs. A Power of Atorney gives no authority whatever to make health care decisions. While people may think that a Power of Attorney can be for "Health", in fact there is no such thing. When concerns about a persons ability t care for herself or about the caregiver's competency to provide care arise, a concerned person in BC should call one of the 5 Health Authorities, the Office of the Public Guardian and Trustee or Community Living BC and make a report about a case of possible neglect or abuse of a senior. Outside BC, we suspect there will be similar agencies - simply call around and find the appropriate agency.

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Answered on 9/19/11, 9:27 am


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