Two documents, two different jobs
- Continuing power of attorney for property: covers money, bank accounts, investments, bills and real estate. Depending on how it's written, it can be used right away or only once you become incapable. You must be at least 18 to sign one.
- Power of attorney for personal care: covers health care, where you live, food, safety and similar decisions. It can only be used for a decision you can't make yourself. You can sign one from age 16.
"Continuing" means the document keeps working after you lose capacity, which is exactly when it's needed. You may hear the terms "living will" or "enduring power of attorney". In Ontario, your wishes about medical care are normally written into the power of attorney for personal care.
Choosing your attorney
Your attorney doesn't have to be a lawyer. It's usually a spouse, an adult child or a close relative. You can name more than one person, decide whether they have to act together or can act separately, and name a backup in case your first choice can't do it.
An attorney for property has real legal duties: act in your best interests, keep records of what they do with your money, and keep your money separate from theirs. The law sets a default fee formula for attorneys for property, but it isn't automatic, and a court can review and reduce it. Your document can say that no fee is payable or set out a different arrangement, and many families choose to say so clearly.
Signing and witnessing rules
Each power of attorney has to be signed in front of two witnesses. Some people aren't allowed to witness:
- Your spouse or partner
- Your child, or someone you treat as your child
- The attorney you're naming, or their spouse or partner
- Anyone under 18
- Anyone whose property is under guardianship or who has a guardian of the person
Ontario allows witnessing by video as long as one of the witnesses is a lawyer or paralegal licensed in Ontario. Notarization isn't required, although banks sometimes ask for a notarized copy.
What happens if there's no power of attorney
For property, if a person becomes incapable without a continuing power of attorney, the Office of the Public Guardian and Trustee can become their guardian after a formal capacity assessment, and a family member then has to apply to replace the PGT. In other cases, someone has to apply to the Superior Court of Justice to be appointed guardian. Both routes take time and money, and the person no longer gets to choose who's in charge.
For health care, Ontario's Health Care Consent Act sets out who can make treatment decisions, starting with a spouse or partner, then children or parents, then brothers and sisters, and then other relatives. It covers many medical decisions, but it doesn't cover everything, and it can lead to conflict when family members don't agree.
Already have one from years ago?
An older power of attorney is often still valid, but check it if you've separated, if your attorney has died or moved away, or if your finances have changed a lot. The free government kit forms are valid if they're completed and witnessed correctly, but we regularly see witnessing mistakes that make them unreliable.
Pair it with a will
Most clients sign a will and both powers of attorney at the same appointment. If you'd like your estate divided according to Islamic principles, see our Islamic wills page.
Talk to a wills and power of attorney lawyer in Mississauga
Most clients finish their will and powers of attorney in one or two meetings.
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A 4-page Ontario guide to what to decide, who can witness, and what to bring to your will and power of attorney appointment.
Frequently asked questions
What's the difference between the two powers of attorney?
The power of attorney for property covers money and assets. The power of attorney for personal care covers health, housing and daily-living decisions. Most people sign both.
How much does a will and power of attorney cost?
Our fee for a simple will and both powers of attorney generally ranges from $1,000 to $1,500 plus HST and disbursements for a straightforward situation, and up to $3,000 plus HST and disbursements for more complex matters involving tax planning or planning to reduce estate administration tax (probate fees). We confirm your exact fee in writing before any work begins, and that's the fee you pay.
Can the same person be my attorney for both?
Yes. Many people name the same person, often a spouse, with an adult child as backup.
When does a power of attorney for property start?
It can be used as soon as it's signed unless it says it only takes effect when you become incapable. We'll talk through which approach suits you.
My parent has dementia. Can they still sign?
Possibly. It depends on whether they understand the document and what it does at the time they sign. Early-stage dementia doesn't automatically rule it out. Call us soon, because capacity can change quickly.
Does a power of attorney work after death?
No. It ends when the person dies. After that, the will and the executor take over.
Does it need to be notarized?
No. Ontario doesn't require notarization, though a bank may ask to see a notarized copy.
Do you handle probate or estate administration?
No. We prepare wills and powers of attorney. We don't handle probate applications or estate administration.
Can my parents meet you in Urdu, Hindi or Punjabi?
Yes. We meet clients in English, Urdu, Hindi and Punjabi, which often makes it much easier for an older parent to explain their wishes.
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This page is general information about Ontario law, not legal advice, and reading it doesn't create a lawyer–client relationship. Laws change, so please speak with us about your situation. Read our full disclaimer.