Records to be Kept by Personal Care Attorney


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Prepared by Norman Pickell, a lawyer based in Goderich, Ontario, who prepares Powers of Attorney and provides legal advice concerning the same.
 

Definitions:

"Grantor" - the person who appoints someone else to make personal care decisions for him/her

"Attorney" - the person(s) chosen to make those personal care decisions

Pursuant to the Laws and Court Rules in Ontario, Personal Care Attorneys are required to keep proper and accurate Records in the handling of the assets of the Grantor. Those Records must include the following:

 1.

A list of all decisions regarding health care, safety and shelter made on behalf of the Grantor, including the nature of each decision, the reason for it and the date.

 2.

A copy of medical reports or other documents, if any, relating to each decision.

 3.

The names of any persons consulted, including the Grantor, in respect of each decision and the date.

 4. A description of the Grantor's wishes, if any, relevant to each decision, that he or she expressed when capable and the manner in which they were expressed.
 5.

A description of the Grantor's current wishes, if ascertainable and if they are relevant to the decision.

 6. For each decision taken, the Attorney's opinion on whether the Attorney's decision was likely to improve the quality of the Grantor's life, prevent the quality of the Grantor's life from deteriorating, or reduce the rate at which the quality of the Grantor's life is likely to deteriorate, and whether the benefit to the Grantor of the decision outweighed the risk of harm to the Grantor from an alternative decision.
 7.

A copy of the Power of Attorney for Personal Care.

 8.

A copy of any Court Orders relating to the Attorney's authority or the Grantor's care.

 

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Norman B. Pickell  Lawyer - Mediator - Arbitrator  58 South Street, Goderich, Ontario N7A 3L5  Telephone (519) 524-8335   Fax (519) 524-1530