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Power of Attorney Ontario

Power of Attorney documents for Ontario. POA for Property and POA for Personal Care. From $149 each or $199 for both. Lawyer-reviewed. Lexaltico LLP.

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Frequently Asked Questions

What is a power of attorney in Ontario and do I need one?

A power of attorney is a legal document appointing someone (an "attorney") to manage your financial or personal affairs if you become incapacitated (due to illness, accident, or cognitive decline). Ontario has two types: a financial power of attorney (Property and Personal Care Act) for money and property, and a continuing power of attorney for personal care (medical decisions). Most adults should have both. Without these documents, the court appoints a substitute decision-maker—potentially someone you wouldn't choose—and probate proceedings delay decision-making. Powers of attorney are cheaper and faster than court processes.

Relevant legislation: Substitute Decisions Act, 1992, S.O. 1992, c. 30

What is the difference between a financial and personal care power of attorney?

A financial power of attorney (Property and Personal Care Act) authorizes your attorney to manage: bank accounts, investments, pay bills, sell property, and handle your business. A personal care power of attorney authorizes decisions about: medical treatment, housing, food, clothing, and hygiene. You can appoint different people for each role. A financial attorney is immediately effective (unless you specify later activation); a personal care attorney typically activates only if you're incapacitated. Both are essential for comprehensive incapacity planning.

Relevant legislation: Substitute Decisions Act, 1992, S.O. 1992, c. 30

Who should I name as my attorney in a power of attorney?

Choose someone you trust absolutely—they'll have legal authority over your finances or healthcare decisions. Common choices: spouse, adult child, parent, or sibling. Ensure they're trustworthy, organized, and willing to act. Name an alternate in case your first choice dies or becomes unable. Discuss the role with your chosen attorney before naming them; ensure they understand and agree. You can appoint different attorneys for financial and personal care matters. Review your choices every 5 years.

Relevant legislation: Substitute Decisions Act, 1992, S.O. 1992, c. 30

Can I revoke or change my power of attorney?

Yes, you can revoke your power of attorney at any time as long as you have mental capacity. Simply create a new power of attorney (which supersedes the old) or formally revoke the existing one in writing. Inform your attorney and relevant institutions (banks, healthcare providers) of the change. If you lose capacity without revoking, the old document remains effective unless you had it set to activate only on incapacity—consult a lawyer about what you need.

Relevant legislation: Substitute Decisions Act, 1992, S.O. 1992, c. 30, s. 36

What happens if I don't create a power of attorney?

If you become incapacitated without a power of attorney, your family must apply to court for a guardianship order. This is expensive ($2,000-$10,000), slow (6+ months), and gives the court discretion on who manages your affairs—possibly not your preferred person. A guardianship is also intrusive (requiring court oversight and periodic reporting) and humiliating for you. Powers of attorney are far preferable: cheaper, faster, and private. Creating one while healthy and clear-minded ensures your preferences are respected.

Relevant legislation: Substitute Decisions Act, 1992, S.O. 1992, c. 30

Is a continuing power of attorney different from a regular power of attorney?

Yes. A continuing power of attorney remains effective even after you lose mental capacity—allowing your attorney to manage affairs without court involvement. A regular (non-continuing) power of attorney ends if you become incapacitated. Ontario residents should use continuing powers of attorney to ensure uninterrupted management if they lose capacity. Specify whether your attorney has powers before and after you lose capacity, or only after. Most lawyers recommend continuing powers of attorney for everyone.

Relevant legislation: Substitute Decisions Act, 1992, S.O. 1992, c. 30, s. 32

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Power of Attorney Ontario

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