Power of Attorney in Ontario: Property, Personal Care and Using It Abroad

A power of attorney (POA) is a legal document that gives a person you choose, called your attorney, the authority to make decisions on your behalf. In Ontario there are two separate documents, one for property and one for personal care. They take effect at different times and have different requirements.

The Two Types of Power of Attorney in Ontario

A continuing power of attorney for property covers financial matters such as banking, paying bills, managing or selling your home and managing investments. You must be at least 18 to make one. Unless the document says otherwise, your attorney can act as soon as it is signed. You can instead provide that it only takes effect if dementia, an illness or an accident leaves you unable to make your own financial decisions.

A power of attorney for personal care covers decisions about health care and about daily life, including where you live, what you eat and what you wear. You must be at least 16 to make one. It is used when you are unable to make a particular personal care decision yourself.

When You Can No Longer Make Decisions Yourself

Being unable to make decisions yourself means that, because of dementia, a stroke, an accident or a similar cause, you cannot understand the information needed to manage your affairs or cannot appreciate the consequences of a decision. It is not the same as being physically unable to sign.

A general power of attorney that covers a single transaction ends if you reach that point. A continuing power of attorney for property is made so that it remains valid after you do. If the purpose is to prepare for dementia or an accident, the document must state this clearly.

Requirements for a Valid Power of Attorney

When you sign, you must be able to understand what the document is and what it does. Two witnesses must be present. Your attorney and their spouse or partner, your own spouse or partner, your children, anyone whose property or personal care is under guardianship, and anyone under 18 cannot act as witnesses.

You do not need a lawyer to make a power of attorney, and the Ontario government provides free forms. The Ontario government recommends speaking to a lawyer if your bank accounts are complex, you own a business, your family situation is complicated, or you own property in another province or country.

If You Do Not Have a Power of Attorney

If you become unable to make financial decisions and have no power of attorney for property, your family, including your spouse, does not automatically gain the authority to act for you. A family member may need to apply to court to be appointed as guardian, and as a last resort the Office of the Public Guardian and Trustee may make decisions. For personal care, family members can make some decisions but not all of them. A power of attorney can only be made while you are still able to understand it.

Using a Power of Attorney for Real Estate

A power of attorney can be used to sell or mortgage a property. Ontario’s land registration system does not accept a power of attorney that contains personal information such as copies or details of government identification, bank account numbers, passports or birth certificates. If the document may be used for a real estate transaction, it should be drafted with this in mind.

Using an Ontario Power of Attorney Outside Canada

A bank or government office in another country will usually ask for proof that a Canadian document is genuine. Canada joined the Hague Apostille Convention on January 11, 2024. For use in another member country, a power of attorney signed before an Ontario notary public can receive an apostille from Ontario’s Official Documents Services, and no further consular legalization is needed. The fee for a notarized document is $16 per document. For countries outside the Convention, the document is authenticated by Official Documents Services and then legalized by that country’s embassy or consulate.

Many countries also have their own form requirements, particularly for selling or managing real estate. Check the requirements of the institution and the country where the document will be used before it is signed.

Consultations at Jenna Lee Law

Jenna Lee Law offers consultations on preparing a continuing power of attorney for property and a power of attorney for personal care, and on powers of attorney to be used outside Canada.