Mercedes Perez in successful challenge to “end of life” clause in power of attorney for personal care

Mercedes successfully represented the three children of an elderly Orthodox Jewish woman in a coma at the Baycrest Hospital in a challenge to her power of attorney for personal care document.  The woman had appointed her three children as her attorneys for personal care.  The power of attorney document was boilerplate and contained an “end of life” clause purporting to reject “artificial or heroic measures” in an end of life scenario.  On appeal, the Superior Court of Justice found that the woman had not agreed to an “end of life” clause when she signed the document as it was inconsistent with her Orthodox Jewish beliefs, among other reasons.  Read the Superior Court’s full decision here.