A Power of Attorney lets you choose who makes decisions for you if you ever cannot make them yourself. Ontario has two types: one for personal care (health and housing) and one for property (finances and assets). Setting them up now, while you are healthy, is one of the most important things you can do for yourself and your family.
You must set this up while you are still mentally capable. Once you lose the ability to understand and appreciate the decisions being made on your behalf, it is too late to create a Power of Attorney. The time to do this is now, not after a diagnosis or emergency.
The Two Types of Power of Attorney
🏥 POA for Personal Care
Your attorney makes decisions about your health care (treatments, surgeries, medications), housing (where you live, whether to move to long-term care), nutrition (diet, feeding), hygiene (bathing, grooming), clothing, and safety. This POA only takes effect when you are assessed as mentally incapable. Until that point, you make your own decisions.
💼 Continuing POA for Property
Your attorney manages your finances: bank accounts, bill payments, investments, real estate transactions, tax filings, and insurance. A "continuing" POA stays in effect even if you become mentally incapable. You can also make a non-continuing POA that ends if you lose capacity (used for temporary situations like travel).
You need both documents for complete protection. They are separate because the skills needed to manage someone's health care are different from the skills needed to manage their finances. You can name the same person for both, or choose different people.
Who Can Be Your Attorney
Your "attorney" is not a lawyer. It is the legal term for the person you choose to act on your behalf. In Ontario, your attorney must be:
At least 18 years old
Mentally capable themselves
Someone you trust completely
Willing to take on the responsibility (they can say no)
For POA for Property, your attorney also cannot be:
Someone who provides you with personal care or health care for compensation (paid caregivers, nurses, etc.), unless they are your spouse, partner, or relative
Common choices include a spouse, adult child, sibling, or trusted friend. You can also name a professional trust company for the property POA (they charge a fee but provide professional management).
Name an alternate attorney in case your first choice cannot serve (becomes ill, dies, or is unavailable). Without an alternate, the court may need to appoint someone.
How to Create a Power of Attorney
1Decide who will be your attorney for each type (personal care and property). Talk to them about your values and wishes. Make sure they agree to serve.
2Get the forms. Download the free government forms from the Ontario Ministry of the Attorney General website, or have a lawyer draft custom documents.
3Fill out the forms. Include your full legal name, the attorney's full legal name, and any specific instructions or restrictions you want (for example, "I do not want life-sustaining treatment if I have no reasonable chance of recovery").
4Sign the documents in front of two witnesses. Both witnesses must be present at the same time, watch you sign, and then sign themselves. The witnesses cannot be your attorney, their spouse, your spouse, or your child.
5Give copies to the right people. Your attorney, your doctor, your lawyer (if you have one), and any family members who should know. Keep the originals in a safe but accessible place (not a safety deposit box, which can be hard to access in an emergency).
6Review and update as needed. Review your POAs every few years or after major life events (marriage, divorce, the death of your named attorney, a significant change in your health or finances).
Cost Options
Government forms (DIY)Download from Ontario Attorney General's websiteFree
Online legal servicesGuided templates with legal language, no custom advice$50-$150
Lawyer (single POA document)Custom-drafted with legal advice$150-$450
Lawyer (full estate package: will + 2 POAs)Most comprehensive option, includes custom wishes$500-$1,500
Capacity assessor (if needed)Only required if there is a question about mental capacity to sign$500-$1,000+
What Happens Without a POA
If you become incapable without a POA, your family or the Office of the Public Guardian and Trustee (PGT) must apply to the court to be appointed as your guardian. This process:
Costs $5,000 to $15,000+ in legal fees (compared to $0-$500 for a POA)
Takes months to process through the court system
A judge decides who makes your decisions, not you
Can create family conflict if multiple family members disagree about who should be appointed
Urgent medical decisions may be delayed while the legal process plays out
If no family member steps forward, the PGT may be appointed by the court. The PGT is a government office, not a person who knows you. They manage your affairs by the book, not by your personal wishes.
Common Mistakes to Avoid
Wrong witnesses. Having your attorney, their spouse, your spouse, or your child witness the signing makes the document invalid.
Only one witness. Ontario requires two witnesses present at the same time. One is not enough.
Not including the "continuing" language in a property POA. Without it, the POA ends if you become incapable, which defeats the purpose.
Signing when not mentally capable. If your capacity is later questioned and evidence shows you could not understand what you were signing, the POA can be challenged in court.
Not telling anyone. If nobody knows the POA exists or where to find it, it cannot be used when needed. Make sure your attorney, doctor, and key family members know about it.
Storing the original in a safety deposit box. Your attorney may not be able to access the box without the POA, creating a catch-22. Keep the original at home in a fireproof safe or with your lawyer.
Revoking or Changing a POA
As long as you are mentally capable, you can revoke a Power of Attorney at any time by:
• Putting the revocation in writing and signing it in front of two witnesses
• Notifying your attorney that the POA is revoked
• Notifying anyone who has a copy (banks, doctors, family members)
The simplest approach is to create a new POA, which automatically revokes the old one. Make sure the new document explicitly states that it revokes all previous POAs.
Frequently Asked Questions
Can I give someone Power of Attorney over only specific things? +
Yes. You can include restrictions and conditions in your POA. For example, you can limit a property POA to managing only certain bank accounts, or limit a personal care POA to excluding certain medical treatments. A lawyer can help draft these restrictions clearly.
Does my spouse automatically have Power of Attorney? +
No. Being married does not give your spouse any automatic legal authority over your finances or health care decisions. If you become incapable without a POA, your spouse would need to apply to the court for guardianship like anyone else. Create a formal POA to give them this authority.
Can I name more than one attorney? +
Yes. You can name multiple attorneys to act jointly (all must agree on every decision), jointly and severally (any one of them can act alone), or sequentially (the second person takes over if the first cannot serve). Joint decision-making provides a check on power but can create delays. Joint and several is more practical for day-to-day management.
What if I think someone is abusing their Power of Attorney? +
If you suspect an attorney is misusing their authority (stealing money, neglecting care, making decisions against the person's wishes), contact the Office of the Public Guardian and Trustee at 1-800-366-0335. They investigate complaints and can take action to protect the incapable person. You can also apply to the court to remove the attorney.
Is a Power of Attorney the same as a will? +
No. A Power of Attorney applies while you are alive. It gives someone authority to act on your behalf during your lifetime if you become incapable. A will takes effect after you die. It tells people how to distribute your assets and who will manage your estate. You need both.
Where can I get help creating a POA if I cannot afford a lawyer? +
Community legal clinics across Ontario offer free legal help to low-income residents, including help with POAs. Many public libraries host free legal clinics. Some settlement agencies help newcomers with POAs. The free government forms are available at ontario.ca and are designed to be completed without a lawyer.
