Im enquiring for some information on how tto be granted power of attorney for personal care against someones will, in

Expert's Assistant chat
Customer: Hi im enquiring for some information on how tto be granted power of attorney for personal care against someones will, in the province of ontario.
JA: Have you talked to an Ontario lawyer about this?
Customer: no i havent this is where im starting. they reached out to me to see if i woud be able to get them a starting poitn. my sister is a susbstance abuser who really needs to be placed somewhere for proper treatmet. Because she is of age its is hard to prove this. but with whatt i saww and information they woud have im positive something can be done. she is not of soud mind to make these judgmnt callls and i do believe its a race aginstt the clock if she doesnt recieve prper care
JA: The Lawyer will be able to walk you through that. What steps have you taken so far?
Customer: Thid for me is unclear so for myself im gonna say. FROM The beginig what would i need exactly to prove.I believe my stepmom had caclled the courthouse in ottawa. When they caled her back yesterday they said fir her to be in contact with criminal courts. So i decided to take to google this morning and this is where i was led. 2 days ago I sent out an email to inforehab.com to ssee if i could attain some info there but havent gotten anything back.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Im a stay at home my who is never unreachable so this s why ive decided to properly help my very distraught parents Customer: Chat is completed
Answered by Debra in 5 mins 11 months ago
imglogo
Debra
10+ years of experience
logo

170372 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Debra
10+ years of experience
logo

170372 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
img

Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

I've read your post so many times but I just don't understand. Please start over. Just take a few minutes and set out all of the facts please.

Customer
Hi debr, Im trying to gain access to some information as to what steps need to be taken to gain power of attorney for personal care for someone who is 28 year of age and a substance abuser. My yoounger sister is a subtance absuer who lives in ottawa. My parents are trying to seek help on getting power of attorney for healthcare. My sister is 28 and has been a few years addicted to opioids and crystal meth. Last week my parents went a picked her up in ottawa at a known using place to wich the living conditions were very eye opening. we are residents of quebec and she a resident of ontario. I personally had not seen my sister face to face in about 2 years. Friday she returned home willingly with my parents but by saturday afternonn gone again. wee had been hunting for my sister llasst week and toook until friday to find her. We were under the impression she had been missing for a month. No one around downtown had seen her around annd so the ssearch wass on. When she came home noting about her is the sister i knew she in 2 years had aged 10. and is looking very tired. saturday evening my parents had recieved a call from concerned people sayin how my sisters addicyion is increasly getting worse over time and they believe she needs someone to step in beacause her abilitiy to judge what is a danger to herself and not has been very distorted. She from what i understand sspent asn hr and a half outside saturday admiring how pretty the icicles on the trees. I am afarid that if my parents do not get this power of atttorney for personal care that we may not have her around for long to get the help she needs. She is scared and a runner when appraoched so naturallly she tries to stay away from home and not let anyone know what exactly is going on. But the lillte commuication if attall is increassingly alarming and this is an honest cry for help. so what i need is a starting point and where too go for someone to listen as this is unwilling and unknowing on my sisters apart. intervetion if you will is what were doing but witout a poapc nothing can be done. In order to gain this i am led to believe that she needs to be assesdd. But this is against her will. so try caging an animal who feels scared alone , under the influence, She will run and im afraid that, that will be the last time i see my sister.
Customer
Thank you in advance for all your help. This has been a living nightmare.
img

Debra, Expert

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.


A power of attorney is a document that your sister would have to sign when she is competent saying that the person she's appointing can make decisions about her care when she is no longer competent. So the power of attorney is no use here.

Your parents could get your sister hospitalized involuntarily if they can prove that she is a danger to herself or others. But just because she is an addict doesn't mean the hospital will admit her against her will and in fact they will not. It's only when she's not competent to make decisions that they would do that. So taking drugs when she wants to and when she's mentally competent would not be considered grounds for admitting her to a psychiatric ward. She cannot be admitted to a rehab center involuntarily.

For your parents to be appointed as your sister's legal guardians they would have to prove that she's mentally incompetent to a court and then they could make decisions about her care and about her finances but being an addict does not mean that she's mentally incompetent unfortunately.

Your parents are stuck the way so many families are when they're addicts in their families.

Do you see what I mean?

Customer
the only way would be for her to be taking say durning times whwre she is exactly that staring at icicles in -30 weather. She hass been arrrested before and my parents ave been in contact with officers who have dealt with her in the past. For statement to prove that she is a danger to herself and other. But again thesee are past events and none of this is current.All the infomation my parents have been givin in through the grape vine but very much real. When i saw my sistter it is apparent that she is i need of extensive care and detox bbut it needs to be done by professionals as the amount of drugs and exactly which ones sshe is on is uncertain.I do know that she hass been shring needles and i believe prostuting herseelf and to me this is very much a cry for help. She has been arrestted and spent 10 months in prison in quebec a few years ago. she has been on tapering programs like methadone and suboxone but nothing that hass been successful thus far and she hass seen noting but death sickness and sadness around her. when we intervene as a family she is good at playing o our emotions as they do but 1st chance she can get she is gone. Im afraidd that she will never come home or the next call will her frozen in th snow. I just dont know how to tell my parents nothing can be done. This is what i don understand. sadly i understand that she chose this but i do believe she wants help and is tired scared and asshamed and the physical dependancy aspect keeps her from entering detox or coming home for that matter. we are a family of 4 she is the youngest and the only one who doesnt have the same mother as me. Everything in me wants too fighht for her, Im trying to find a awya legally that i can. I know she can come through this but believe there are inflences behind her also keeping her tied. For example she never responds or opens any messages from anyone other than myself. Her messges are short and impersonal for me its not her. My sister wass very involved in family affaires and addiction has taken her to the point of if someone doesnt do something it will kill her.thr places she is in are very ddangerous and my parents cannot be tracking her down there either
img

Debra, Expert

If the police take her to a psychiatric facility then psychiatrists would assess her and if they concluded that her only issue is that she's an addict they will release her. They do not admit addicts involuntarily simply because they are addicts. This is true even though addiction kills people. That is how our legal system and our mental health system function.

img

Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

img

Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer