Power of Attorney Lawyer in Toronto
A power of attorney lets someone you trust manage your finances or make health and care decisions if you cannot. Our team prepares Ontario powers of attorney for property and personal care, and advises attorneys and families when questions arise.
30-minute consultation, $150 plus HST, paid when you book.
Powers of attorney in Ontario
Short answer: Ontario has two main documents under the Substitute Decisions Act, 1992: a continuing power of attorney for property, which covers finances and real estate and can continue if you lose capacity, and a power of attorney for personal care, which covers health care, housing and similar decisions when you are no longer able to make them. Each must be signed in front of two qualified witnesses.
Civitas Law is a team of legal professionals under the leadership of lawyer Nasibeh Mehrpouyan. We prepare powers of attorney, often alongside a will, for clients across Toronto and the GTA in English, French, Farsi, Russian and Serbian.
Property and personal care
- Continuing power of attorney for property. Lets your attorney pay bills, manage bank accounts and investments, and deal with real estate. It can take effect right away or only on incapacity, depending on how it is written. You must be at least 18 to make one.
- Power of attorney for personal care. Applies only when you cannot make a particular personal care decision yourself. You must be at least 16 to make one. It can include your wishes about treatment and care.
You can name the same person in both or different people, and you can name more than one attorney and say whether they act together or separately.
Signing and witnessing rules
Two witnesses must be present. Certain people cannot witness, including the attorney named in the document and that person's spouse or partner, your own spouse or partner, your children, and anyone under 18. You must have the mental capacity to make the document at the time you sign. Banks and land registry offices look closely at how the document was signed, so careful execution saves trouble later.
What happens without a power of attorney
If you lose capacity without a power of attorney for property, a family member may have to apply to court to be appointed guardian, or the Office of the Public Guardian and Trustee may become involved. For health decisions, Ontario's Health Care Consent Act sets a ranking of who can decide, which may not match your wishes. See our guide to power of attorney in Ontario.
Advice for attorneys and families
An attorney for property must act honestly, in good faith, for the grantor's benefit, keep their money separate and keep accounts. We advise attorneys on their duties and help families when there are concerns that an attorney is misusing their authority.
Questions we hear often
General information, not legal advice. Every matter is different.
What is the difference between a power of attorney for property and for personal care?
Who can witness a power of attorney in Ontario?
Does a power of attorney end when I die?
Can I make a power of attorney if a parent has dementia?
Can I cancel or change a power of attorney?
How much does a power of attorney cost in Toronto?
Related services and guides
Wills and estates
Wills, estate planning and administration.
Probate
Applying to be estate trustee.
Power of attorney in Ontario
A plain-language guide.
وکالتنامه به فارسی
This page in Farsi.
Talk to our team
Book a consultation online or call (647) 271-1646 (the phone is answered 24/7). 30-minute consultation, $150 plus HST, paid when you book. Legal fees after that depend on the work involved, and we explain them in writing before you retain us.
Straightforward legal advice from a Toronto lawyer.
30-minute consultation, $150 plus HST, paid when you book. Personal injury matters start with a free 10-minute case review with the lawyer. Consultations are confidential.