Understanding Powers of Attorney in Ontario

A Power of Attorney (POA) is one of the most important legal documents you can have — yet it's often overlooked until a crisis occurs. In Ontario, there are two types of Power of Attorney: Property and Personal Care.

A Continuing Power of Attorney for Property authorizes a person you choose (your 'attorney') to manage your financial affairs if you become mentally incapable of doing so. This includes paying bills, managing investments, selling property, and handling your day-to-day finances. The word 'continuing' means it remains valid even if you lose mental capacity.

A Power of Attorney for Personal Care gives someone the authority to make decisions about your health care, housing, and personal needs if you're unable to make those decisions yourself. This might include decisions about medical treatment, where you live, and your daily care.

Without these documents, if you become incapacitated, your family may need to apply to the court to have a guardian appointed — an expensive and time-consuming process that could be avoided with proper planning.

It's important to choose your attorney carefully — this is someone with significant authority over your life and finances. You should also review your Powers of Attorney periodically to ensure they still reflect your wishes and circumstances.