A power of attorney lets someone you trust make decisions for you if you cannot. In Ontario there are two separate documents: a continuing power of attorney for property (money and assets) and a power of attorney for personal care (health care and living arrangements).
We prepare both documents alongside your will, so your plan covers what happens if you become unable to decide, not only what happens after death.
Two documents, two jobs
- Continuing power of attorney for property: lets your attorney manage banking, bills, investments and property. Under the Substitute Decisions Act, 1992, it is "continuing" if it says so or if it says it takes effect on incapacity.
- Power of attorney for personal care: names who makes health care, housing and care decisions if you cannot. You can include wishes about your care.
Signing and witnessing rules
You must be at least 18 to give a power of attorney for property and at least 16 for personal care. Two witnesses must be present when you sign. Certain people cannot witness, including your attorney, your spouse or partner, your child, and anyone under 18. Getting this wrong can invalidate the document, which is a common reason to have a lawyer prepare it.
What happens if you have no power of attorney
If you lose capacity without one, your family may have to apply to court to be appointed your guardian. That process is slower, costs more and puts a judge in charge of who decides. A power of attorney lets you choose the person and the limits in advance.
Decisions to make before you meet
- Who you trust to manage your property, and a back-up if they cannot act
- Who should make your personal care decisions, and a back-up
- Whether your attorney acts together with someone or alone
- Whether the property document takes effect immediately or only on incapacity
- Any wishes about medical treatment and where you want to live
- Where the signed originals will be kept and who will know where they are
Frequently asked questions
Can my spouse automatically make decisions for me?
Not for property. Without a power of attorney, a spouse generally cannot manage your assets held in your name alone. For some health care decisions Ontario law lists a hierarchy of substitute decision-makers, but a signed power of attorney for personal care gives certainty.
Does a power of attorney continue after death?
No. It ends on death. After death, the executor named in your will takes over, which is why the power of attorney and will work together.
Can I name more than one attorney?
Yes. You can name more than one and say whether they act jointly or separately. Joint appointments can slow decisions, so choose carefully.
Last updated: .This page is general information about Ontario law, not legal advice. Every situation is different; speak to a lawyer about yours.