Short answer: Ontario has two powers of attorney. A continuing power of attorney for property lets someone manage your money and property, and can be used right away and after you lose capacity. A power of attorney for personal care lets someone make health and care decisions, but only when you cannot make them yourself. Both need two eligible witnesses.
The two documents
| Continuing power of attorney for property | Power of attorney for personal care | |
|---|---|---|
| Covers | Bank accounts, investments, real estate, bills, taxes | Health care, housing, nutrition, hygiene, safety |
| When it works | Immediately, unless it says otherwise, and continues after you lose capacity | Only when you are incapable of the decision |
| Minimum age to sign | 18 | 16 |
| Law | Substitute Decisions Act, 1992 | Substitute Decisions Act, 1992 |
Choosing your attorney
- someone you trust completely, who is organized and available
- you can name more than one, and say whether they act jointly or separately
- name a substitute in case your first choice cannot act
- for personal care, someone who knows your values and wishes
- a person who provides you with paid care or residential services cannot be your attorney for personal care unless they are your spouse, partner or relative
Signing it properly
Each document must be signed in front of two witnesses who both sign it. The following people cannot be witnesses:
- your attorney or their spouse or partner
- your spouse or partner
- your child, or a person you treat as your child
- anyone under 18
- a person whose property is under guardianship or who has a guardian of the person
A power of attorney that is not signed and witnessed correctly may be refused by banks or challenged later.
Instructions and limits
You can add conditions and instructions: for example, that the property power only takes effect on incapacity, that your attorney must account to a family member each year, or what your wishes are about end of life care. Clear instructions reduce family conflict.
What happens without one
If you lose capacity without a continuing power of attorney for property, family members may have to apply to court to be appointed your guardian, or the Public Guardian and Trustee may become your statutory guardian. For personal care decisions without an attorney, the law sets a list of substitute decision makers, starting with a guardian and then your spouse or partner, children and parents. Court applications take time and money and can lead to disputes.
Keeping it current
Review your powers of attorney after marriage, separation, a move or the death or illness of an attorney. You can revoke one in writing, signed and witnessed in the same way, while you have capacity. Pair them with a will; see what happens if you die without a will in Ontario.
Frequently asked questions
What is the difference between a power of attorney for property and personal care?
Property covers money and assets and can be used right away; personal care covers health and living decisions and only applies when you cannot decide for yourself.
Who can witness a power of attorney in Ontario?
Two adults who are not your attorney, your spouse or partner, your child or the attorney's spouse or partner, and who are not under guardianship.
Does a power of attorney need to be notarized in Ontario?
No. It must be signed in front of two eligible witnesses. Some institutions ask for notarized copies for their own records.
Does a power of attorney end at death?
Yes. After death, the executor or estate trustee under the will takes over.
Can I make my power of attorney only work if I lose capacity?
Yes. A continuing power of attorney for property can say it takes effect only on incapacity and how incapacity will be confirmed.
Talk to our team
This guide is general information, not legal advice. For advice on your situation, see our wills and estates lawyer in Toronto page. To book a paid consultation (30 minutes, $150 plus HST, paid when you book), book online or call (647) 271-1646. The phone is answered 24 hours a day, 7 days a week, and office meetings are by appointment. Civitas Law is a team of legal professionals under the leadership of lawyer Nasibeh Mehrpouyan, serving clients in English, French, Farsi, Russian and Serbian.