4. Learn what happens if you’re not mentally capable

Your health-care provider can decide that you're not mentally capable of consenting to treatment. If this happens, your substitute decision-maker (SDM) decides about your treatment. Consent means that you agree to something.

Power of Attorney for Personal Care

If you have a Power of Attorney for Personal Care, your attorney is your SDM.  

You can make a Power of Attorney for Personal Care only if you’re mentally capable. Most people make one before they need medical treatment.

Guided Pathway to preparing a power of attorney

Make or cancel a power of attorney.

If you have a guardian of the person, that person will act as your SDM, even if you have a Power of Attorney for Personal Care.

If you do not have a Power of Attorney for Personal Care or a guardian of the person, the law says who can make decisions for you.

Other ways to get an SDM

The law lists who can be your SDM for health-care decisions. This is the order: 

1. a guardian of the person 
2. an attorney for personal care
3. someone appointed by the Consent and Capacity Board 
4. a spouse or partner  
5. a child or parent  
6. a parent with parenting time but not decision-making responsibility  
7. siblings  
8. any other relative 
9. the Office of the Public Guardian and Trustee 

The SDM will be the person closest to the top of the list who:

• the health-care provider can contact within a short amount of time,
• can make the decision,
• is willing to do it,
• is 16 years of age or older, and
• is not banned from making decisions for the person because of a court order or separation agreement

More than one SDM

There can be more than one SDM if people:

• are on the same place on the list, and
• the description above applies to them.

For example, this could be children or siblings.