Bussey Ainsworth assists clients in Peterborough, the Kawarthas, and across Ontario with clear, legally sound Power of Attorney planning to ensure that trusted decision-makers are in place if incapacity or emergency arises.
Book a ConsultationWe help clients understand their options, choose appropriate representatives, and prepare properly drafted documents that protect their financial, legal, and personal care interests.
Our approach focuses on clarity, enforceability, and practical safeguards, so families and decision-makers can act with confidence when it matters most.
A Power of Attorney is a legal document that allows you, the "donor", to give another person, the "attorney", authority to act on your behalf for specified matters. Even if you give someone Power of Attorney you do not relinquish the right to continue to act on your own behalf. You still have control of your affairs. You maintain your right choose as long as you have mental capacity.
You may want to allow your attorney to "continue" his or her authority by making your Power of Attorney document a "Continuing Power of Attorney for Property". It is called "continuing" because the appointment "continues" even after you are no longer mentally capable to make the decisions yourself about your property. Another common word to describe this is "durable" which means the same as "continuing".
Then you may want to have a Power of Attorney for Personal Care. This document gives your attorney the authority to make personal care decisions on your behalf when you no longer have capacity to make those decisions.
A Continuing Power of Attorney for Property lets your chosen attorney manage your financial affairs, bank accounts, bills, investments, and real estate, if you become incapable. A Power of Attorney for Personal Care lets your chosen attorney make decisions about your health care, housing, and personal safety. We recommend every adult have both.
Someone you trust completely, who is willing to take on the responsibility, and who will be available when needed. Common choices include a spouse, an adult child, a sibling, or a close friend. You can appoint more than one attorney to act together if you prefer shared decision-making. We can help you think through the right structure for your situation.
Now. Every adult in Ontario should have powers of attorney in place. 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.
For financial decisions, someone will need to apply to the court to be appointed as your guardian of property. That process takes time, costs money, and the court, not you, decides who manages your affairs. For health care decisions, Ontario's Health Care Consent Act sets out a default hierarchy that may not reflect who you would actually want making those decisions.
The main risk is that your attorney could misuse their authority. We help clients build safeguards into their documents: requiring joint decision-making, limiting the types of transactions the attorney can make, requiring record-keeping, and setting conditions on when the authority takes effect.
Powers of attorney are typically prepared together with a will. The cost depends on the complexity of your situation, and we discuss fees openly at the outset. Call us at (705) 749-0628 to discuss.
Have more questions? Visit our comprehensive Powers of Attorney FAQ for detailed answers, or call us at 705-749-0628 to discuss your specific situation.
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