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Law Maven
Law Maven, Lawyer
Category: Canada Law
Satisfied Customers: 164
Experience:  Lawyer & Instructor at Algonquin Careers Academy
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Are restrains allowed in term nursing home if oked by a

Customer Question

Are restrains allowed in long term nursing home if oked by a person with poa?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Law Maven replied 2 years ago.

Hello – my name is***** am a lawyer in Ontario, and I’d like to try to help with your question today.

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In Ontario the authority to make medical decisions for someone else is controlled by the Substitute Decisions Act, 1992, SO 1992, c 30, <http://canlii.ca/t/l0gb>. That act sets out what someone with a power of attorney can do, and what they can't. There is a special kind of power of attorney that allows the attorney to ask for restraints or other forcible treatment to be used. It is rare, and usually only given in situations where the person who is giving the power knows that they have a mental illness that comes and goes. If your wife does not have a mental illness such as bipolar disorder or schizophrenia, then it is very unlikely that she gave a power of attorney that includes the power to retrain.

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For a power of attorney to be used, there is sometimes very little testing done. If you believe that your wife is capable of managing her own care, then you can start a review of whether the power of attorney is being used properly. Even if she is only partially able to manage her own care, if she wanted specific treatment and is not getting that, then it is possible the power of attorney is not acting as it should. The office of the Public Guardian and Trustee can review whether someone is getting appropriate care, and whether someone with a power of attorney is doing what they are supposed to. If the Public Guardian finds that the power of attorney is not acting in the best interests of the person then the Public Guardian can start a court case to have that attorney removed and another attorney or guardian appointed.

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For more information on how to handle this situation and make sure your wife is getting the best care possible, you may need to get legal assistance either for yourself or for her. There is information on how to do that here:

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In this sort of situation it is important that you get the support and help you need so that you can support your wife and fight to ensure that she is not being forced into a living situation that is unnecessary and wrong for what she wants. There are people and organizations that will help, you just need to contact them and tell them what the situation is.

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I hope I have fully answered your question, but please do not hesitate to ask for more information if needed. When you are satisfied with the answer, kindly provide me a positive rating so I can receive credit for my answer.

My answer here contains only general legal information and not legal advice. No solicitor/client relationship has been created by this communication.