Power of Attorney in Ontario: What You Need to Know | Minute Notary Blog | Minute Notary
Legal
January 6, 20255 min read
Power of Attorney in Ontario: What You Need to Know
Understand the different types of Power of Attorney in Ontario, when you need one, and how notary services can help you get it done properly.
MN
Minutes Notary
Notary Public • Ottawa, ON
What is a Power of Attorney?
A Power of Attorney (POA) is a legal document that allows you (the "grantor") to appoint someone you trust (the "attorney") to make decisions on your behalf.
Despite the name, the "attorney" doesn't have to be a lawyer — it can be a spouse, family member, or trusted friend.
Types of Power of Attorney in Ontario
Ontario recognizes two main types of POA:
1. Continuing Power of Attorney for Property
This allows your attorney to manage your financial and property matters, including:
Banking and investments
Real estate transactions
Bill payments
Tax filings
Business decisions
The word "continuing" means it remains valid even if you become mentally incapable — which is often when you need it most.
2. Power of Attorney for Personal Care
This allows your attorney to make personal and health care decisions, including:
Medical treatment decisions
Living arrangements
Nutrition and hygiene
Safety and clothing
This type only takes effect when you are incapable of making these decisions yourself.
You're in a car accident and in a coma. Without a POA for Personal Care, your family may need to go to court to make medical decisions for you — a costly and time-consuming process.
Scenario 2: Travel or Absence
You're traveling abroad for months. With a POA for Property, your attorney can pay your bills, manage your investments, and handle any urgent matters.
Scenario 3: Aging Parents
As parents age, a POA allows adult children to help manage finances and make care decisions when needed.
Scenario 4: Business Continuity
If you're a business owner, a POA ensures someone can make decisions if you're unavailable.
Who Should Be Your Attorney?
Choose someone who is:
✓ Trustworthy — They'll have access to your finances and make personal decisions
✓ Capable — Able to handle financial and legal matters
✓ Available — Willing and able to act when needed
✓ Aligned with your values — Especially for personal care decisions
You can appoint:
One person
Multiple people acting jointly (all must agree)
Multiple people acting jointly and severally (any can act alone)
What a Notary Public Can Do
While a lawyer should prepare your POA document to ensure it meets legal requirements and reflects your wishes, a Notary Public can:
1. Witness Your Signature
Ontario law requires POA documents to be signed in front of two witnesses. A notary can serve as one of these witnesses.
2. Verify Your Identity
The notary confirms you are who you say you are.
3. Confirm You Understand
While we can't provide legal advice, we ensure you appear to understand what you're signing.
4. Apply Official Seal
Adding the notary seal provides additional authenticity.
Requirements for a Valid POA in Ontario
For the Grantor (You)
Must be 18 years or older
Must be mentally capable when signing
Must sign in presence of two witnesses
For Witnesses
Must be 18 years or older
Cannot be the attorney or their spouse
Cannot be the grantor's spouse or partner
Cannot be the grantor's child (for POA for Personal Care)
Common POA Mistakes to Avoid
❌ Waiting Too Long
If you become mentally incapable before signing a POA, it's too late. Your family will need to apply to the court to become your guardian.
❌ Using Generic Templates
Online templates may not meet Ontario requirements or address your specific situation.
❌ Not Discussing with Your Attorney
Your chosen attorney should know:
That they've been appointed
Where the document is stored
Your wishes and preferences
❌ Forgetting to Update
Review and update your POA after major life changes:
Marriage or divorce
Death of your attorney
Changes in relationships
Moving to a new province
Can a POA Be Revoked?
Yes, as long as you are mentally capable, you can revoke a POA at any time by:
Creating a new POA (automatically revokes the old one)
Signing a formal revocation document
Physically destroying the original document
POA vs. Will: What's the Difference?
Aspect
Power of Attorney
Will
When it's used
While you're alive
After death
What it covers
Financial/personal decisions
Estate distribution
Who acts
Your attorney
Your executor
Can be revoked
Yes, while capable
Yes, anytime
Important: A POA is not a substitute for a will. You need both for comprehensive estate planning.
Costs
Service
Estimated Cost
Lawyer-prepared POA
$200-500+
Notary witnessing
$35-50
Legal kit/template
$30-100
Our Recommendation
Consult a lawyer to prepare your POA documents
Bring them to us for witnessing and notarization
Store safely and inform your attorney of the location
Need POA Witnessing Services?
At Minutes Notary, we can witness your Power of Attorney documents. Bring your lawyer-prepared POA and valid ID, and we'll ensure it's properly executed.
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