In Ontario, a Power of Attorney is a key legal document that lets someone choose a trusted person to handle important decisions if they become unable to do so themselves.
Often linked to aging or illness, it is actually a smart and proactive step for adults of any age.
Whether it's for managing finances or personal care, this document helps protect one’s interests in challenging times. Knowing the types of Power of Attorney, the legal rules, and how they work is essential for anyone planning ahead in Ontario.
| In this article, JuriGo explains everything you need to know about Powers of Attorney in Ontario and provides two sample forms for the different types of Power of Attorney! |
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What Is a Power of Attorney?
A Power of Attorney (POA) is a legal document that enables a person, known as the “grantor”, to authorize someone else to make decisions on their behalf. This trusted individual, called the “attorney”, can be granted authority over matters such as managing finances, handling property, or making personal care choices.
- The person chosen does not need to be a lawyer. In this context, the term attorney simply refers to someone legally permitted to act for another.
In Ontario, the use and regulation of Powers of Attorney is governed by the Substitute Decisions Act, 1992. This law outlines how the document must be created and what responsibilities and limitations apply to the appointed attorney.
| **Appointing Multiple Attorneys Is Possible!**It is important to note that the grantor can appoint more than one attorney. While it is most common to name a single individual, many grantors choose to appoint two and rarely three attorneys. These individuals may be required to act jointly or may be assigned separate responsibilities depending on the grantor’s wishes. |
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Why Is a Power of Attorney Important?
A Power of Attorney is important because it safeguards a person’s interests if they become unable to manage their own affairs. It ensures that a trusted individual can make important decisions when the person is no longer capable due to illness, injury, or declining mental health. PAO allows continuity in financial matters, medical choices, and other essential areas of daily life!
Key features typically included in a Power of Attorney form:
- The full name of the person granting authority (the “grantor”)
- The name of the individual(s) appointed as attorney(s)
- Instructions or restrictions regarding decisions
- Whether appointed attorneys act jointly or separately
- The option to name a substitute in case the primary attorney is unable or unwilling to act
In the absence of such a document, family members might be required to pursue guardianship through the courts, which can be both costly and time-consuming. Preparing a Power of Attorney in advance helps avoid this legal burden and provides clarity about who should step in during difficult times.
Creating a Power of Attorney also helps reduce the risk of conflict among loved ones by clearly identifying who has the authority to act. As part of a broader plan for the future, this document reflects careful preparation and provides reassurance that personal, financial, and healthcare decisions will be handled with care and in accordance with the grantor’s values.
There Are Two Categories of Power of Attorney in Ontario!
Ontario recognizes two categories of Power of Attorney, each with a distinct purpose and legal effect. These are the Power of Attorney for Property and the Power of Attorney for Personal Care.
Power of Attorney for Property
This type of Power of Attorney authorizes the attorney to handle the financial affairs and property-related matters of the grantor. The document is known as a “Continuing Power of Attorney for Property”. The responsibilities conferred may include :
- Managing bank accounts
- Paying bills
- Buying or selling real estate
- Filing taxes
- Collecting income
- Handling investments
The document can either take effect immediately upon signing or be set to activate only when the grantor is declared mentally incapable. This decision depends on the specific terms outlined in the document.
Power of Attorney for Personal Care
This form of Power of Attorney, known as a “Continuing Power of Attorney for Personal Care”, grants the attorney the authority to make decisions related to the grantor’s personal well-being. The attorney’s responsibilities may include matters such as:
- Medical treatment
- Housing
- Nutrition
- Hygiene
- Safety
The appointed attorney is required to respect the grantor’s wishes, particularly those expressed in advance, and must always act in the grantor’s best interests. These decisions must also comply with the Health Care Consent Act, which governs consent to treatment in Ontario.
Unlike the Power of Attorney for Property, this document only takes effect once the grantor is deemed incapable of making such decisions independently.
What Is Considered Mental Incapacity Under a Power of Attorney?
Mental incapacity, for the purposes of a Power of Attorney, refers to a person’s inability to comprehend relevant information or understand the consequences of a decision.
This condition is crucial for activating Powers of Attorney that are intended to come into effect only when the person becomes incapable, unless the document specifies that it takes effect immediately, as is sometimes the case with a Power of Attorney for Property.
If the Power of Attorney for Property is not meant to be effective upon signing, the person’s incapacity may need to be confirmed through a medical or legal evaluation, depending on the terms set out in the document. For decisions related to personal care, assessments are usually carried out by health professionals.
These evaluations are guided by the legal standards established in Ontario’s Substitute Decisions Act and the Health Care Consent Act. In more complex cases, the Consent and Capacity Board may be involved.
Who Can Be a Grantor of a Power of Attorney?
To create a valid Power of Attorney in Ontario, the person granting it must meet specific legal requirements:
- Be at least 18 years old for a Power of Attorney for Property.
- Be at least 16 years old for a Power of Attorney for Personal Care.
- Be mentally capable at the time of signing.
Being mentally capable at the time of signing means that the individual understands the nature and consequences of the powers being granted, as well as the potential impact on their personal and financial affairs. Legal capacity is determined not by general health, but by the person’s ability to comprehend the responsibilities involved.
Who Can Be Appointed as an Attorney?
The choice of an attorney is an essential aspect of drafting a Power of Attorney. The person selected should be trustworthy, responsible, and capable of handling sensitive personal or financial matters. They must also meet the legal age requirements:
- At least 16 years old for a Power of Attorney for Personal Care.
- At least 18 years old for a Power of Attorney for Property.
Common choices include spouses, adult children, close friends, or professionals such as lawyers or accountants.
As mentioned earlier, the grantor may appoint more than one attorney. In such cases, the document must specify whether the attorneys are to act jointly (together) or jointly and severally (independently or together). This flexibility allows for tailored arrangements depending on family dynamics, levels of trust, and the complexity of the grantor’s affairs.
Duties and Responsibilities of an Attorney
Attorneys are held to high standards and must respect the values, preferences, and well-being of the grantor. Their role varies based on the type of POA:
For Property:
- Keep personal and grantor funds separate.
- Maintain thorough financial records.
- Handle bill payments, taxes, and investments prudently.
- Provide accounts to the grantor, their family, or the Public Guardian and Trustee if required.
- Comply with the Substitute Decisions Act, 1992.
For Personal Care:
- Make decisions aligned with the grantor’s known wishes.
- Consult with healthcare professionals.
- Promote the grantor’s dignity, safety, and quality of life.
- Comply with the Substitute Decisions Act, 1992 and Health Care Consent Act.
While a Power of Attorney grants significant authority, it is not without boundaries. Attorneys must always act with care and integrity, in the best interests of the grantor, maintain accurate records, avoid conflicts of interest, follow the instructions outlined in the document, and comply with the law.
Attorneys are legally obligated to act honestly, diligently, and in good faith. Failure to meet these obligations may result in their removal or lead to civil liability.
| **Attorneys Can Receive Compensation!**Under the Substitute Decisions Act, 1992, an attorney appointed under a Power of Attorney for Property is entitled to be compensated for their services, with the payment amount determined according to the guidelines specified in the Act. |
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Can a Power of Attorney Be Revoked?
Yes. As long as the grantor remains mentally capable, they can revoke a POA at any time. This revocation must be in writing and communicated to all relevant parties, such as banks and healthcare providers. Courts may also intervene to revoke an attorney’s authority in cases of abuse or misconduct.
Are There Legal Requirements for Creating a Power of Attorney in Ontario?
Yes, certain legal requirements must be met for a Power of Attorney (POA) to be valid in Ontario. These include:
- The document must be in writing.
- It must be signed by the grantor in the presence of two witnesses.
- Both witnesses must also sign the document.
- Witnesses cannot be the attorney, the attorney’s spouse or partner, the grantor’s spouse or partner, or anyone under the age of 18.
Although not legally required, many individuals choose to consult a lawyer to ensure the POA complies with legal standards and accurately reflects their intentions.
Example of a Continuing Power of Attorney for Property Form
To provide you with an idea of what a Power of Attorney for Property may look like, an example is included below. Keep in mind that the content of this document should be tailored to the specific circumstances of the grantor.
| CONTINUING POWER OF ATTORNEY FOR PROPERTYMade pursuant to the Substitute Decisions Act, 1992I, [Full Legal Name] of the City of [City Name], in the Province of Ontario,Do hereby appoint :[Primary Attorney’s Full Name] of the City of [City Name], in the Province of Ontario, to act as my Attorney for Property, with the powers and authority set out below.Nature of AppointmentThis document is a Continuing Power of Attorney for Property, meaning it shall remain in effect if I become mentally incapable of managing my property. I grant to my attorney the authority to do anything with respect to my property that I could lawfully do if capable, except the making of a will, subject to the conditions and restrictions outlined in this document.Alternate AppointmentIf the person named above is unable or unwilling to act as my attorney due to resignation, death, incapacity, or removal by the court, I appoint: [Alternate Attorney’s Full Name] of the City of [City Name], in the Province of Ontario, to act in the place of the primary attorney with the same authority granted herein.Joint Attorneys (if applicable)If more than one attorney is appointed, they shall act:☐ Jointly☐ Jointly and SeverallyStatement of AwarenessIn executing this Power of Attorney, I affirm that:I understand the nature and extent of my assets and financial responsibilities;I acknowledge the legal obligations I owe to my dependents;I recognize that my attorney may manage all aspects of my financial and legal affairs, with the exception of preparing or altering my will;I am aware that I may revoke this document at any time while I remain mentally capable;I understand that the attorney is required to maintain records and act in my best interest;I acknowledge the potential for misuse and have appointed individuals I trust implicitly.Effective DateUnless otherwise stated below, this Power of Attorney shall come into effect immediately upon execution and shall continue to be effective if I become incapable of managing property.☐ This Power of Attorney shall only come into effect upon a finding of incapacity by: [Specify criteria, such as a written opinion of one or more medical practitioners]Scope of AuthorityI authorize my attorney to manage all forms of property, including but not limited to:Bank accounts and investmentsReal estateBusiness interestsPensions and government benefitsPersonal property and other financial interestsThis includes authority to:Buy, sell, lease, or mortgage property;Access, transfer, or close financial accounts;File tax returns and deal with the CRA;Incur expenses and pay debts;Initiate or defend legal proceedings in relation to my property.Specific Powers and PermissionsWithout limiting the generality of the above, I specifically authorize my attorney to:Apply for and manage benefits on my behalf under the Income Tax Act and any provincial or federal benefit programs;Retain legal, accounting, or other professional assistance;Access my safe deposit boxes and documents;Review and rely upon the contents of my will for the purpose of consistent estate planning;Delegate tasks to third parties if necessary, with revocation powers retained.Restrictions (Optional)[Insert any specific limitations you wish to place on the attorney’s authority, or leave blank.]CompensationUnless otherwise specified, I authorize my attorney to receive fair and reasonable compensation from my estate, consistent with the fee schedule set out in the regulations under the Substitute Decisions Act, 1992. Revocation of Prior DocumentsI hereby revoke any previous Continuing Power of Attorney for Property that I have executed prior to the date of this document.SignatureSigned by me in the presence of the two witnesses whose names and signatures appear below.Dated this ___ day of ______________, 20___._____________________________[Grantor’s Signature][Full Legal Name][Full Address]Witnesses’ signature Witness #1Signature: ___________________________Name (Printed): _______________________Address: ____________________________Date: _______________________________Witness #2Signature: ___________________________Name (Printed): _______________________Address: ____________________________Date: _______________________________ Note: Witnesses must be at least 18 years of age and must not be the attorney, the attorney’s spouse or partner, a child of the grantor, or a person treated as a child of the grantor, nor a person who is incapable or under guardianship. |
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Example of a Continuing Power of Attorney for Personal Care Form
Here is an example of a Power of Attorney for Personal Care. While the details should be customized to the grantor’s specific situation, this form offers a useful reference to understand the general structure and key elements of the document.
| CONTINUING POWER OF ATTORNEY FOR PERSONAL CAREMade pursuant to the Substitute Decisions Act, 1992I, [Full Legal Name] of the City of [City Name], in the Province of Ontario,Do hereby appoint :[Primary Attorney’s Full Name] of the City of [City Name], in the Province of Ontario, to act as my Attorney for Personal Care, with the powers and authority set out below.Nature of AppointmentThis document constitutes a Power of Attorney for Personal Care. It authorizes my attorney to make decisions regarding my personal care and medical treatment in the event that I am incapable of doing so myself, in accordance with the Substitute Decisions Act, 1992.Alternate AppointmentIf the person named above is unable or unwilling to act as my attorney due to resignation, death, incapacity, or removal by the court, I appoint: [Alternate Attorney’s Full Name] of the City of [City Name], in the Province of Ontario, to act in the place of the primary attorney with the same authority granted herein.Joint Attorneys (if applicable)If more than one attorney is appointed, they shall act:☐ Jointly☐ Jointly and SeverallyStatement of AwarenessIn executing this Power of Attorney, I affirm that:I understand the nature and effect of giving a Power of Attorney for Personal care;I am aware that this power only becomes effective if I am deemed mentally incapable of making personal care decisions;I have chosen someone I trust to make decisions that may significantly affect my quality of life and health;I understand I may revoke this document at any time while I remain mentally capable;I acknowledge the obligations imposed upon my attorney to act in my best interest and to respect my wishes and values as much as possible.Scope of AuthorityI authorize my attorney to make decisions on my behalf in relation to all aspects of my personal care, including but not limited to:Health care and medical treatment;Shelter and housing arrangements;Safety and personal assistance services.This includes providing or refusing consent to treatment or services under the Health Care Consent Act, subject to any instructions or restrictions included in this document.**Instructions, Conditions, and Restrictions (if applicable)**The following instructions, limitations, or preferences shall guide my attorney’s decisions (attach additional pages if needed):________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Access to RecordsI authorize my attorney to access any and all personal health information about me necessary to make informed decisions about my care. This includes access to medical records, test results, treatment plans, and consultation notes, as permitted by the Personal Health Information Protection Act, 2004.Revocation of Prior DocumentsI hereby revoke any previous Continuing Power of Attorney for Personal Care that I have executed prior to the date of this document.SignatureSigned by me in the presence of the two witnesses whose names and signatures appear below.Dated this ___ day of ______________, 20___._____________________________[Grantor’s Signature][Full Legal Name][Full Address]Witnesses’ signature Witness #1Signature: ___________________________Name (Printed): _______________________Address: ____________________________Date: _______________________________Witness #2Signature: ___________________________Name (Printed): _______________________Address: ____________________________Date: _______________________________ Note: Witnesses must be at least 18 years of age and must not be the attorney, the attorney’s spouse or partner, a child of the grantor, or a person treated as a child of the grantor, nor a person who is incapable or under guardianship. |
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It’s Strongly Recommended to Create a Power of Attorney with a Lawyer!
Although Ontario residents can prepare Powers of Attorney using government-provided forms or templates found online, like one of those presented previously, these tools may not be appropriate for complex situations. Personalized documents prepared by a lawyer are often more comprehensive and better adapted to specific needs.
Here are several reasons why it’s beneficial to have a lawyer draft your Power of Attorney:
| Reasons | Explanation |
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| Complex Family Situations | When dealing with blended families, multiple beneficiaries, or past family disputes, a lawyer can ensure that the Power of Attorney reflects the grantor’s wishes accurately. They can help prevent family conflicts by clearly outlining how decisions should be made and by whom, minimizing potential disputes. |
| Complex Financial Assets | If the grantor owns property across different jurisdictions or has complex financial arrangements, a lawyer can customize the Power of Attorney to account for these specific circumstances. This tailored approach ensures that all assets, no matter their location or complexity, are properly managed under the granted authority, providing clarity and security for both the grantor and the attorney. |
| Clarification of Power and Scope | A lawyer ensures that the scope of authority granted to the attorney is clearly defined. This clarity can include specifying any limitations or restrictions on the attorney’s powers, preventing ambiguity in future decision-making. |
| Ensuring Validity and Understanding | A lawyer not only helps to ensure the Power of Attorney is legally valid but also ensures the grantor understands the implications of granting authority. This reduces the risk of misunderstandings or challenges in the future, particularly if the grantor’s mental capacity is later questioned. It provides clarity and protects the integrity of the document. |
| Protection Against Abuse | By outlining the legal responsibilities and limitations of the appointed attorney, a lawyer helps safeguard the grantor’s interests. This protection is crucial in preventing any misuse of power, ensuring the attorney acts in the best interest of the grantor. |
By consulting a lawyer, individuals in Ontario can ensure that their Power of Attorney is legally valid, tailored to their unique circumstances, and provides peace of mind. With lawyer guidance, the document will accurately reflect the grantor's wishes, ensuring that their affairs are managed as intended, even if they become unable to make decisions for themselves in the future.
JuriGo Helps You Find a Lawyer to Draft Your Power of Attorney in Ontario!
While it's possible to create a Power of Attorney without legal assistance in Ontario, a lawyer ensures the document is tailored to your specific needs, legally sound, and free from ambiguities. Lawyers help clarify complex details, such as joint appointments or activation conditions, and protect against potential misuse of authority.
Having a lawyer ensures your intentions are accurately reflected, providing peace of mind and legal security for the future. JuriGo is here to connect you with a qualified lawyer to draft your Power of Attorney in Ontario!
JuriGo is a simple, fast and free way to find a lawyer! All you have to do is fill in our request form and tell us about your situation.
Following your request, we will quickly put you in touch with a lawyer near you. There is no obligation on your part!