While fully capable, a person has the right to grant powers of attorney to a family member or close personal friend. There are two types of powers of attorney: a power of attorney for property (or finance) and a power of attorney for personal care. Once a person becomes incapable of managing their property, or making personal care decision, their appointed attorney(s) can act in their place.

Attorneys for property and personal care have wide ranging powers and are required by legislation to act in the best interests of the incapable. In fact, they are considered to be in a position of trust and are regarded by the court as fiduciaries (and therefore held to a higher standard). In certain situations, a family member, or a close friend, may feel compelled to challenge the validity of the powers of attorney, and/or apply to the court to be appointed a loved one’s guardian, and/or involve the Office of the Public Guardian and Trustee to further investigate the situation.