HomeMy WebLinkAboutThe Citizen, 1994-03-09, Page 7THE CITIZEN, WEDNESDAY, MARCH 9,1994. PAGE 7.
THE TRUTH ABOUT
THE SUBSTITUTE
DECISIONS ACT
YOU
DECIDE
WHO
DECIDES
SUBSTITUTE
DECISIONS ACT
AN IMPROVED LAW ABOUT POWERS OF ATTORNEY
GOES INTO EFFECT IN EARLY 1995.
It’s called the Substitute Decisions Act, and it’s designed to give people more control over what happens to them if they
become mentally incapable.
Recently, people have been asking serious questions about the Substitute Decisions Act. When does it come into effect?
What do I need to know? How will it affect me?
YOU NEED TO KNOW
• THE SUBSTITUTE DECISION ACT IS NOT COMING INTO EFFECT ON MARCH I, 1994.
The act will only become law in early 1995.
• YOU DON’T HAVE TO MAKE A POWER OF ATTORNEY IF YOU DON’T WANT TO. Not now. Not ever.
You don’t have to, but there are some good reasons to do so. By making a power of attorney, you can make sure that
someone you trust has the legal authority to make decisions for you if you become mentally incapable. In other words,
you decide who decides.
• A POWER OF ATTORNEY IS A LEGAL DOCUMENT. BUT YOU DON’T NEED A LAWYER TO
CREATE IT. A power of attorney names the person or persons you have chosen to make decisions on your behalf. It
defines their responsibilities and clarifies your wishes. You may want to consult a lawyer for advice, especially if your
finances are complex. But you don’t have to. In a few weeks, the Ontario Government will make free power of attorney
forms available, along with guidelines on how to complete them.
• IF YOU ALREADY HAVE A POWER OF ATTORNEY FOR YOUR FINANCES, YOU DON’T NEED A
NEW ONE. If you have already made a power of attorney that names someone to make financial decisions if you
become incapable, it will still be effective when the Substitute Decisions Act becomes law. The Substitute Decisions Act
expands your control by allowing you to choose someone to make decisions about your personal care as well.
• THE PUBLIC GUARDIAN AND TRUSTEE WILL ONLY MAKE FINANCIAL DECISIONS ON YOUR
BEHALF AS A LAST RESORT. If you are mentally incapable and if no one else is willing or able to act for you, the
Public Guardian and Trustee may be required to act on your behalf.
The Substitute Decisions Act was developed through extensive consultations and was passed unanimously by the Ontario
Legislature in 1992.
The idea behind the Substitute Decisions Act is simple: By creating a power of attorney for your financial affairs and a
power of attorney for your personal care, you can make sure that someone of your choosing has the legal authority to act
on your behalf.
MORE INFORMATION IS AVAILABLE
If you want to know more about the Substitute Decisions Act or get free power of attorney forms, write to SDA Information,
Office of the Public Trustee, 145 Queen Street West, Toronto, Ontario M5H 2N8.
*Ces renseignements sont egaiement disponibles en fran^ais.
® Ontario