Power of Attorney in Ontario: What You Need to Know

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.

Why You Need a Power of Attorney

Scenario 1: Medical Emergency

You're in a car accident and in a coma. Without a POA for Personal Care, the Health Care Consent Act, 1996 decides who speaks for you — in a fixed order (spouse or partner, then child or parent, then sibling, and so on) that may not be the person you would choose.

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)

• Minimum age depends on the type of POA under Ontario's Substitute Decisions Act, 1992:
  • Continuing Power of Attorney for Property — 18 or older (s. 8(1))
  • Power of Attorney for Personal Care — 16 or older (s. 47(1))
• Must be mentally capable when signing
• Must sign in presence of two witnesses

For Witnesses

The same rules apply to both types of POA (SDA s. 10(2), applied to personal care by s. 48(2)):

• Must be 18 years or older
• Cannot be the attorney or the attorney's spouse or partner
• Cannot be the grantor's spouse or partner
• Cannot be the grantor's child (or a person the grantor treats as their child)
• Cannot be a person whose property is under guardianship or who has a guardian of the person

Common POA Mistakes to Avoid

❌ Waiting Too Long

If you become mentally incapable before signing a POA, it's too late. Your family may 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. Under the Substitute Decisions Act, 1992, a revocation must be:

1. In writing, and
2. Signed in front of two qualified witnesses — the same execution rules as the POA itself (s. 12(2) for property, s. 53(2) for personal care)

Signing a new POA also ends the old one, unless the new document says that more than one POA is to exist at the same time. Destroying the original does not revoke it — copies already given to a bank or other institution stay in circulation, so deliver the written revocation to everyone who holds one.

POA vs. Will: What's the Difference?

Important: A POA is not a substitute for a will. You need both for comprehensive estate planning.

Costs

Note: powers of attorney are priced per document, not per stamp — $115 for one, $200 for both, $240 with a will as well, plus HST — and the price includes the second witness and the affidavit of execution.

Our Recommendation

1. Consult a lawyer to prepare your POA documents
2. Bring them to us for witnessing and notarization
3. Store safely and inform your attorney of the location

Need POA Witnessing Services?

At Minute 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.

Contact us today to schedule your appointment.

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