Continuing Power of Attorney for Property

A Continuing Power of Attorney for Property is a legal document that lets you appoint someone you trust to handle your finances and property on your behalf. It is governed by Ontario's Substitute Decisions Act, 1992. The word "continuing" is the key: unlike an ordinary power of attorney, this one remains valid even if you later become mentally incapable of managing your own affairs.

Your appointed person is called your "attorney," though they do not need to be a lawyer. They can pay bills, manage bank accounts, file taxes, handle investments, and deal with real estate, all within whatever limits you write into the document. You decide whether it takes effect immediately upon signing or only if you lose mental capacity.

Every Ontario adult over 18 with property or finances to manage should consider signing one while they are still capable. The whole point is to plan ahead: once you lose capacity, it is too late to sign. People commonly prepare this document when they retire, before a major surgery, after a health diagnosis, or simply as part of responsible estate planning.

Without a valid Continuing Power of Attorney for Property, your family may need to apply to the court for a guardianship order if you become incapable. That process is expensive, slow, and stressful. A signed document avoids it entirely.

The document identifies you (the grantor), your chosen attorney or attorneys, and any conditions or restrictions you want to place on their authority. Here is what you will need to provide:

You can appoint almost any person aged 18 or older as your attorney, as long as they are mentally capable and willing to act. Many people choose an adult child, a sibling, or a trusted friend. You may also appoint a professional (such as an accountant or trust company) if your finances are complex.

Witnessing rules are strict under the Substitute Decisions Act. Two witnesses must watch you sign and then sign the document themselves. The following people are disqualified from acting as a witness:

When you come in to have your signature witnessed or notarised, bring the following:

Ontario law does not require a Continuing Power of Attorney for Property to be notarised; two qualifying witnesses are enough to make it valid. However, notarisation adds an independent, sealed record that you signed voluntarily and understood the document. Banks and institutions outside Ontario frequently ask for this before they will honour the document.

At our office, we verify your identity, confirm you understand what you are signing, watch you sign, and apply the notarial seal. The fee is a flat $19.90 per notarial stamp. If you need remote signing, Ontario Regulation 431/20 allows commissioning over two-way video when all parties are located in Ontario; confirm eligibility with us beforehand.

A template works well for straightforward situations: one attorney, standard financial authority, no family conflict. But a Continuing Power of Attorney for Property hands real control over your finances to another person, and mistakes can be costly or irreversible. We are a notary office, not a law firm, so we witness signatures but do not draft legal terms or advise on who to appoint.

Consider consulting a lawyer if any of the following apply to your situation: