Overview
Ontario primarily recognizes powers of attorney for property and personal care, covering financial or personal decisions as applicable.
The appointee need not be a lawyer, but should be trustworthy and willing to act. Wording, timing and scope matter.
Capacity and execution
Ontario’s Substitute Decisions Act sets age, capacity and witnessing rules. Capacity tests differ between property and personal-care powers.
Choosing an attorney
Consider integrity, financial ability, location, family dynamics and willingness to keep records. Multiple appointments should address joint or several action and replacements.
Limits and periodic review
The authority granted by a power of attorney depends on the type of document and its terms, including its commencement, scope and duration. A power of attorney for property may be general or limited to a particular transaction, purpose or period—for example, it may expire after two years or when a specified matter is completed. A continuing power of attorney for property remains effective during a later incapacity, but it may still contain conditions and restrictions and may begin or end as provided in the document or under applicable law. A power of attorney for personal care may be exercised only when the grantor is incapable of making the relevant personal-care decision. No power of attorney continues after the grantor's death. Neither type transfers ownership of the grantor's assets to the attorney, and every attorney must remain within the authority granted and comply with applicable duties.
Review appointments after relationship changes, relocation, illness, death of an appointee or significant financial change. Revocation or replacement should be communicated appropriately.