Powers of Attorney in Ontario:
Frequently Asked Questions

A power of attorney is a legal document that gives someone you trust the authority to act on your behalf. The person you appoint is called your “attorney.” In this context, “attorney” does not mean a lawyer. It means the person you have chosen to make decisions for you. In Ontario, there are two types of power of attorney, and they serve very different purposes. We recommend that every adult have both.

A Continuing Power of Attorney for Property gives your chosen attorney the legal authority to manage your financial affairs. This includes paying bills, managing bank accounts, handling investments, dealing with real estate, and filing taxes. The word “continuing” means the document remains valid even if you become mentally incapable. That is the whole point: it is there for the time when you cannot manage things yourself.

You can set it up so it takes effect immediately (useful if you travel frequently or want someone to handle transactions on your behalf), or you can restrict it so it only takes effect if you become incapable.

A Power of Attorney for Personal Care gives your chosen attorney the authority to make decisions about your health care, housing, nutrition, safety, clothing, and hygiene if you become mentally incapable of making those decisions yourself. Unlike the property version, this one can only take effect when you are actually incapable.

This is where you express your wishes about medical treatment, including end-of-life care. If you have strong feelings about life support, resuscitation, or palliative care, this document is the place to record them. Your attorney for personal care is obligated to follow your known wishes. If your wishes are not known, they must act in your best interest.

For financial decisions, someone, usually a family member, will need to apply to the Ontario Superior Court of Justice to be appointed as your guardian of property. This is a formal legal proceeding that takes time, costs money, and involves ongoing court supervision. The court, not you, decides who manages your affairs.

For personal care decisions, the Health Care Consent Act sets out a hierarchy of people who can consent to treatment on your behalf: spouse or partner, then children, then parents, and so on. But that hierarchy may not reflect who you would actually want making those decisions. It also does not cover non-treatment decisions like where you live or what care facility you move to.

Having both powers of attorney in place avoids all of this.

Now. Every adult in Ontario should have both a Continuing Power of Attorney for Property and a Power of Attorney for Personal Care. Accidents, strokes, and sudden illnesses do not follow a schedule. We prepare powers of attorney alongside wills as part of a complete estate planning package. You can download our free Will & POA Worksheet to start gathering your information before your appointment.

Anyone who is 18 or older and mentally capable can serve as your attorney for property. For personal care, the person must be 16 or older and mentally capable, and they cannot be someone who provides you with health care, residential, social, training, or support services for compensation, unless they are your spouse, partner, or relative.

Choose someone you trust deeply. Your attorney will have significant authority over your affairs. Common choices include a spouse or partner, an adult child, a sibling, or a close friend.

Yes. You can appoint multiple attorneys to act jointly (both must agree on every decision) or jointly and severally (either can act independently). Joint appointments provide a check on each attorney’s actions but can create problems if the attorneys disagree or if one is unavailable. Joint and several appointments offer more flexibility but less oversight. We can help you think through which structure suits your family.

Yes, and many people do. But you do not have to. Some clients choose a financially capable family member for property and a different person who better understands their health care values for personal care. The key is choosing someone who is willing, able, and available when needed.

No. A power of attorney does not give anyone the authority to make or change your will. That is a decision only you can make while you have mental capacity.

The biggest risk is abuse. Your attorney will have broad authority over your financial or personal care decisions, and there have been cases where attorneys have misused that power. This is why choosing the right person is the single most important decision in the process.

There are several safeguards you can build into the document. You can require two attorneys to act jointly. You can include specific restrictions or conditions. You can limit the types of transactions they can make without additional approval. You can require them to keep records and provide an accounting. We help clients build these protections into their documents as appropriate.

You can revoke a power of attorney at any time, as long as you are mentally capable. You execute a new document that revokes the earlier one. It is good practice to update your powers of attorney whenever your life circumstances change: a new marriage, a divorce, a falling out with your chosen attorney, or simply a change of mind. If you revoke a power of attorney, make sure all relevant parties, banks, financial institutions, and your former attorney, are notified.

Yes. A power of attorney can be limited to a specific transaction (for example, signing documents on a real estate closing while you are travelling), a specific time period, or specific types of decisions. Once the task or time period is complete, the authority ends. This is sometimes called a “specific” or “limited” power of attorney.

A Continuing Power of Attorney for Property must be in writing, signed by you while you are mentally capable, and witnessed by two people. The witnesses cannot be your attorney, your attorney’s spouse or partner, or anyone under 18. The document must contain a statement that you are aware the attorney can manage your property and that the authority continues if you become incapable.

A Power of Attorney for Personal Care has similar requirements but does not need to contain the same specific statutory statements. Both types must be signed and witnessed to be valid. We strongly recommend having a lawyer prepare these documents to ensure they are properly executed and enforceable.

Not necessarily. Powers of attorney are governed by provincial law, and other provinces may not recognise an Ontario document. If you own property in another province (a cottage in Quebec or a condo in British Columbia, for example) or if you spend significant time outside Ontario, you may need a separate power of attorney in that jurisdiction. We can advise you on whether additional documents are needed.

Powers of attorney are typically prepared together with a will as part of a complete estate planning package. The cost depends on the complexity of your situation. At Bussey Ainsworth, we discuss fees openly at the outset so there are no surprises. Call our office at 705-749-0628 to discuss your situation and learn about our fee structure.

For related information, visit our Powers of Attorney practice area page or our Wills & Estate Planning FAQ.