Question 1

Does a power of attorney need to be notarized in Ontario?

Accepted Answer

Not to be valid. Ontario’s Substitute Decisions Act, 1992 requires a continuing power of attorney for property (s. 10) and a power of attorney for personal care (s. 48) to be signed in front of two witnesses, each of whom signs as a witness. It does not require a notary’s seal. What sends most people looking for a notary is the receiving end: banks, investment firms, land registry offices, and institutions abroad frequently ask for a notarized POA or a certified true copy of one before they will act on it, and a POA meant for use outside Canada usually needs notarization before an apostille. Ask the institution what it wants before you book, because the answer decides whether you need witnessing, notarization, a certified copy, or all three.

Question 2

Who can notarize a power of attorney in Ontario?

Accepted Answer

A Notary Public commissioned in Ontario, or a lawyer or paralegal licensed by the Law Society of Ontario, who is also a notary. A commissioner for taking affidavits is a narrower office — it can administer oaths and take affidavits and statutory declarations, but it cannot certify a true copy or notarize a document for use outside Ontario, which is often what a POA is actually needed for. We hold both authorities. Separately from notarization, the two people who witness the signing must qualify under s. 10(2) of the Substitute Decisions Act, and the notary can act as one of them.

Question 3

How do I get a power of attorney notarized?

Accepted Answer

Bring the completed POA to the appointment unsigned, with valid government-issued photo ID. At the appointment the notary confirms your identity, checks that you understand the document and are signing without pressure from anyone, watches you sign, and has two qualifying witnesses sign as well — the notary can be one of them, and we supply the second. The notary’s signature and official Ontario seal are then applied. The whole thing takes about twenty to thirty minutes. Book an appointment at the Orléans office in Ottawa’s east end, or a mobile visit to your home, hospital room, or care residence.

Question 4

Where can I get a power of attorney notarized near me in Ottawa?

Accepted Answer

At our office at the Orléans end of Ottawa, or wherever you are: mobile visits cover Ottawa, Orléans, Barrhaven, Kanata, and Nepean, 7 days a week from 8:00 AM to 8:00 PM. A power of attorney must be signed in person before two witnesses, so it cannot be completed in an online appointment — but it does not have to be done at a counter either, which is why so many POA signings happen at a kitchen table, a hospital bedside, or a long-term care residence. One power of attorney is $115 and both together are $200, plus HST, either way; a mobile visit adds the flat $60 travel fee once for the trip.

Question 5

How much does a power of attorney cost?

Accepted Answer

Signing one with us is $115 plus HST, and estate documents signed at the same appointment are priced as a bundle: $200 for any two — a continuing power of attorney for property with a power of attorney for personal care, for example — and $240 for a will plus both powers of attorney. Every document is covered in full: the witnessing, both qualifying witnesses (we supply them), and its own affidavit of execution. For a couple signing wills and powers of attorney together, there is a couple signing discount — please email us for a rate. A mobile visit adds a flat $60 travel fee once for the trip, not once per document. That is our fee for executing the document; if you want a lawyer to draft the POA, their drafting fee is separate and we do not quote it.

Question 6

Who can witness a power of attorney in Ontario?

Accepted Answer

Two people must witness the signing, and s. 10(2) of the Substitute Decisions Act rules several out: the attorney you are appointing or that attorney’s spouse or partner, your own spouse or partner, your child or anyone you have treated as your child, a person whose property is under guardianship or who has a guardian of the person, and anyone under 18. In practice that removes most of the family standing in the room, which is the usual reason a home signing stalls. The notary acts as one witness and we bring a second, so the requirement is met without you having to recruit neutral adults.

Question 7

Can I get a power of attorney notarized at home or in hospital?

Accepted Answer

Yes, and it is one of the most common mobile visits we do. A POA must be signed in person before two qualifying witnesses and cannot be completed in an online appointment, so when the grantor is recovering at home, admitted to hospital, or living in a long-term care or retirement residence, the notary travelling to them is usually the only workable route. We attend anywhere in the Ottawa coverage area, verify photo ID at the bedside, confirm the grantor understands the document and is signing freely, and bring the second witness. The fee is $115 for one power of attorney or $200 for both, plus HST and the flat $60 travel fee. The grantor must be mentally capable at the time of signing — a POA cannot be created for someone who has already lost capacity.

Question 8

Can you prepare a Power of Attorney document for me?

Accepted Answer

We can witness and notarize POA documents, but we strongly recommend having a lawyer prepare the actual document. A POA is a powerful legal instrument, and a lawyer can ensure it's properly drafted to meet your specific needs, includes appropriate limitations or instructions, and complies with Ontario law. We focus on the witnessing and notarization process.

Question 9

Does the attorney (the person I'm appointing) need to be present?

Accepted Answer

Generally, no. Only the grantor (the person creating the POA) needs to sign in front of the witness. The attorney doesn't need to be present for the POA to be valid. However, some institutions prefer to see the attorney's signature accepting the role. Your lawyer can advise on whether this is needed for your situation.

Question 10

What if I want to cancel or revoke a POA?

Accepted Answer

A POA can be revoked at any time while you are mentally capable. The revocation must be in writing and signed with the same formalities as the power of attorney itself — in front of two qualifying witnesses (Substitute Decisions Act, ss. 12 and 53) — and you should notify your attorney, any institutions that have copies of the POA, and ideally retrieve and destroy all copies of the old POA. We can notarize a revocation document if needed.

Question 11

What's the difference between a general POA and a continuing POA?

Accepted Answer

A general (or 'non-continuing') POA becomes invalid if you become mentally incapable. A Continuing Power of Attorney for Property specifically states that it continues even if you become incapable - this is typically what you want for estate planning purposes. Only a continuing POA protects you if you lose capacity.

Question 12

Can I have more than one attorney?

Accepted Answer

Yes, you can appoint multiple attorneys to act jointly (together), jointly and severally (together or separately), or you can name successor attorneys who take over if your first choice cannot act. Your lawyer can help you decide the best structure for your situation.

Question 13

Is a POA valid in other provinces or countries?

Accepted Answer

POAs are governed by provincial law and may not be automatically recognized elsewhere. While many Canadian institutions will accept an Ontario POA, some may require their own forms. For international use, additional documentation or a POA created under that jurisdiction's laws may be needed. Consult a lawyer for cross-border situations.

Question 14

What happens if someone becomes incapable without a power of attorney?

Accepted Answer

Guardianship, which is slower and costlier than a power of attorney signed while the person was still capable. Under the Substitute Decisions Act, 1992 a family member applies to the Superior Court to be appointed guardian of property or guardian of the person, with an applicant’s affidavit, a capacity assessment, a management or guardianship plan, and often a bond; where nobody applies, the Public Guardian and Trustee can become statutory guardian of property after a capacity assessment. A notary’s part is the supporting paperwork: commissioning the affidavits and certifying the copies the application needs. The application itself is a lawyer’s file. A power of attorney for property and a power of attorney for personal care, signed and witnessed in advance, avoid all of it.

Question 15

Can a Power of Attorney be signed on a weekend?

Accepted Answer

Yes. Powers of Attorney are signed in person, and we hold in-person appointments 7 days a week, 8:00 AM to 8:00 PM, at the Orléans office or on a mobile visit within the Ottawa coverage area. Weekends are often the practical choice here, because a POA needs two qualifying witnesses present and family members are easier to gather on a Saturday or Sunday. Mobile weekend visits to a home, hospital, or long-term care residence are available. The price is the same on a weekend.

Power of Attorney

Why Do You Need a Power of Attorney?

What is power of attorney?

Requirements to bring with you

How to get power of attorney notarized

Prepare Your POA Document

Identity Verification

Capacity & Voluntariness Confirmation

Witnessed Signing

Notarization (If Required)

What's Included

Common Uses

Who Needs This Service

Seniors & Retirees

Business Owners

Frequent Travelers

Anyone with Assets

Parents of Adult Children

Pro tips before your visit

Use a Lawyer to Draft

Choose Your Attorney Carefully

Consider Both Types

Don't Wait

From $115 + HST. Every fee shown before you pay.

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