A power of attorney (POA) is a legal document that authorizes someone else — your "attorney" — to make decisions on your behalf. In Ontario, there are two types, and they serve very different purposes.
Continuing Power of Attorney for Property
This document authorizes your attorney to manage your financial affairs — bank accounts, investments, real estate, paying bills, and making financial decisions. "Continuing" means it remains valid even if you become mentally incapable.
Without this document, if you become incapacitated, your family would need to apply to court for guardianship — an expensive and time-consuming process.
Power of Attorney for Personal Care
This document authorizes your attorney to make healthcare and personal care decisions when you're unable to do so yourself — including medical treatment, where you live, and end-of-life decisions. It only activates when you lack capacity to make these decisions yourself.
Who Should You Appoint?
Choose someone you trust completely, who understands your wishes, is organized and responsible, and is willing and able to take on the role. You can appoint the same person for both types, or different people. Always appoint a substitute attorney in case your first choice is unable to act.
Legal Requirements
For a Continuing POA for Property to be valid in Ontario:
- Must be in writing and signed by you
- You must be mentally capable at the time of signing
- Must be witnessed by two witnesses (who cannot be your attorney, their spouse, your spouse, your child, or a person for whom you're a guardian)
Protecting Against Abuse
Financial elder abuse often involves a POA being misused. Keep a copy of your POA and give copies only to your attorney and relevant institutions. Review the document periodically.