Tied to the Mast: How the Ulysses Clause Can Override Future Regret
Most clients are familiar with a power of attorney for personal care (POAPC), but they aren’t aware of the Ulysses Clause.
A Ulysses Clause is a special provision in a POAPC that goes beyond naming someone to manage your healthcare, nutrition, shelter, and safety. It allows that person to take extraordinary measures to protect your wellbeing, even by force.
The name originates from a Greek myth, in which Ulysses longed to hear the beautiful singing of the women who were the Sirens of the sea, even though he was aware of the danger they presented. He needed to navigate his ship through a narrow strait on the way home from the Trojan War, knowing the Sirens’ voices mesmerized sailors and led them to their deaths on rocky shores. Ulysses ordered his men to tie him to the ship’s mast so he could hear the Sirens, and to put wax in their own ears. When Ulysses heard the Sirens’ music, he longed to get closer and asked his men to untie him, but they tightened his knots instead. When the Sirens’ song was out of earshot, they released Ulysses and led the ship to safety.
Why include a Ulysses Clause?
The Ulysses Clause is a rare provision in a POAPC that performs a similar function. If you include a Ulysses Clause, you are allowing your attorney for personal care to take extraordinary measures to ensure you receive the care and treatment you need.
This is called a power of attorney for personal care with special provisions (POAPC-SP), and implementing it is a formal process. Within 30 days of executing a POAPC-SP, you must undergo a capacity assessment and write a statement as prescribed by law. [1] Similarly, to undo a POAPC-SP, you must have another capacity assessment within 30 days for the revocation to be valid.[2]
The special provisions that may be included in a POAPC-SP are prescribed in legislation. Arguably, the most important one authorizes the attorney for personal care to use force as is necessary and reasonable in the circumstances to take you, the grantor of the POAPC-SP, to any place for care or treatment, and to admit, detain, and restrain you in that place for care or treatment.[3] This ensures your attorney for personal care can secure the help you need, whatever the circumstances.
Another special provision deals with a potential dispute over a finding of incapacity. Typically, when a health practitioner determines that someone is incapable of giving or refusing consent to treatment, that person can appeal the decision to the Consent and Capacity Board.[4] However, a POAPC-SP may waive the right to apply for this review, rendering the capacity decision as final.[5]
A Ulysses Clause can be particularly useful when individuals are affected by mental illness or neurocognitive diseases that may impact their willingness to consent to treatment.
Seek advice before taking this extraordinary step
If you are interested in learning more about how a Ulysses Clause may benefit you, please ask us for assistance.
Written by Lauren Peacock and Yousuf Liepert.