Resignation as personal care attorney precluded party from making personal care decisions

Estates and Trusts - Power of Attorney - Types

Mother was 90 years old and had been using feed tube for nutrition and medication since 2015. Mother's three daughters, H, F and G, were her attorneys for personal care. In January 2018 when tube needed to be replaced, G was in favour of withdrawal of tube and palliative care, whereas H and F preferred doctor's advice of replacing tube. Parties attended mediation which resulted in minutes of settlement whereby parties agreed to process to obtain baseline geriatric assessment of mother. Feeding tube had to replaced on urgent basis, and G resigned as attorney for personal care. H and F arranged for geriatric assessment but did not follow process from minutes of settlement. G brought motion for order that assessment be conducted in accordance with minutes. Motion dismissed. Once G resigned, dispute-resolving framework in minutes had no purpose and did not create enforceable obligations. Resignation precluded G from making personal care decisions and formulating questions for physicians for assessment purposes.

Stein v. Brunswick (2019), 2019 CarswellOnt 6477, 2019 ONSC 2303, Dietrich J. (Ont. S.C.J.).

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