A power of attorney is a document in which you choose someone to make decisions for you. Ontario has one kind for money and property and another for health and personal care, and both are meant to be signed while you are well. Law Wise prepares powers of attorney for clients from its Mississauga office, serving the entire GTA and Ontario, usually together with a will.
Types of power of attorney in Ontario
In a power of attorney, the person who gives the authority is the grantor and the person who receives it is the attorney. The attorney does not have to be a lawyer. There are three types:
- Continuing power of attorney for property. It covers money and property: banking, bills, investments, taxes and real estate. It is “continuing” because it says so, or because it shows that the authority is meant to continue if the grantor becomes incapable of managing property. The attorney can do anything with the grantor’s property that the grantor could do if capable, except make a will.
- Power of attorney for personal care. It covers decisions about health care, nutrition, shelter, clothing, hygiene and safety when the grantor cannot make them.
- General (non-continuing) power of attorney for property. It is used for a limited purpose or period, for example while you are abroad, and it ends if you become mentally incapable.
The first two are governed by Ontario’s Substitute Decisions Act, 1992.
When a power of attorney takes effect
Property. A continuing power of attorney for property can be used as soon as it is signed, unless it says otherwise. It can provide that it comes into effect on a specified date or when a specified event happens, such as the grantor’s incapacity. If it says it starts on incapacity but does not say how incapacity is to be decided, the Act supplies a method, which includes an assessment by a capacity assessor. Conditions should be worded precisely, because a bank or land registry office that cannot tell whether the condition has been met may refuse to act on the document.
Personal care. A power of attorney for personal care lets the attorney make a decision only when the grantor is incapable of making that decision.
Choosing your attorney
- Choose someone you trust completely, who is organised and who is willing to take on the work.
- If you name two or more attorneys for property, they must act jointly unless the document says otherwise. If one of them dies, becomes incapable or resigns, the others can continue unless the document says otherwise.
- Name a substitute in case your first choice cannot act.
- For personal care, you cannot name a person who is paid to provide you with health care, or with residential, social, training or support services, unless that person is your spouse, partner or relative.
- The Public Guardian and Trustee can be named only with its written consent, obtained before the document is signed.
Capacity to give a power of attorney
The Act sets out what a person must understand. To give a continuing power of attorney for property, the grantor must:
- know what kind of property they have and its approximate value
- be aware of obligations owed to their dependants
- know that the attorney will be able to do anything with the property that the grantor could do if capable, except make a will
- know that the attorney must account for their dealings with the property
- know that the grantor can revoke the power of attorney while capable
- appreciate that the property may decline in value unless it is managed prudently, and that the attorney could misuse the authority
To give a power of attorney for personal care, the grantor must be able to understand whether the proposed attorney has a genuine concern for their welfare, and must appreciate that the attorney may need to make decisions for them. The lawyer who prepares the document considers capacity at the meeting. Where there is doubt, an assessment by a qualified capacity assessor may be needed.
Signing requirements
Both kinds of power of attorney must be signed in the presence of two witnesses, each of whom signs as a witness. The following people cannot be witnesses:
- the attorney, or the attorney’s spouse or partner
- the grantor’s spouse or partner
- a child of the grantor, or a person the grantor treats as their child
- a person whose property is under guardianship or who has a guardian of the person
- a person under 18
Witnessing can be done by audio-visual communication technology if at least one witness is a licensee of the Law Society and the signatures are made at the same time. A document that does not meet the signing rules is not effective, although a court can declare it effective if that is in the grantor’s interests.
A new power of attorney can cancel the old one
A continuing power of attorney for property is terminated when the grantor signs a new one, unless the grantor provides that there are to be multiple powers of attorney. The same rule applies to powers of attorney for personal care. Signing a bank’s own power of attorney form, or a new document for one purpose, can therefore end the one your lawyer prepared. Tell us about any existing documents before you sign another.
This comes from sections 12 and 53 of the Substitute Decisions Act, 1992, SO 1992, c 30, as they read on 10 October 2026.
What an attorney must do
Once the grantor is incapable of managing property, or the attorney has reasonable grounds to believe so, an attorney for property has the duties the Act places on a guardian. The attorney is a fiduciary, which means a person who must put the grantor’s interests first, and must act diligently, with honesty and integrity and in good faith, for the grantor’s benefit. The attorney must keep accounts, must consider the grantor’s personal comfort and well-being, and must not use the property for their own benefit.
Ending or changing a power of attorney
A continuing power of attorney for property ends when the grantor revokes it, signs a new one without providing for more than one, or dies. It also ends when the attorney dies, becomes incapable or resigns and no other attorney or substitute can act, and when a court appoints a guardian of property. A revocation must be in writing and signed in the same way as a power of attorney. Because a power of attorney ends at death, it does not replace a will: after death, authority passes to the estate trustee.
If there is no power of attorney
If a person becomes incapable without a power of attorney, family members do not automatically gain authority over their bank accounts or property. Someone may have to apply to the court to be appointed guardian, which takes longer and costs more than preparing a power of attorney in advance, and the person appointed may not be the one the incapable person would have chosen.
Property in another province or country
Power of attorney law differs from province to province and from country to country. If you own property outside Ontario, or spend part of the year elsewhere, tell us, because a separate document may be needed for that place.
Power of attorney disputes
Disputes arise over whether the grantor had capacity when the document was signed, which of several documents is in force, how joint attorneys should work together, and how an attorney has handled the grantor’s money. Law Wise advises grantors, attorneys and family members in these situations, including on requests for an attorney’s accounts.
How Law Wise helps
- explaining the choices in plain language, including when the document should take effect
- drafting powers of attorney for property and for personal care to fit your situation
- checking how new documents affect existing ones
- arranging proper signing and witnessing
- advising attorneys on their duties and record-keeping
- advising on disputes about a power of attorney
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about powers of attorney
Do I need both kinds of power of attorney?
Usually, yes. One covers money and property and the other covers health and personal care. They can name the same person or different people.
Does my spouse automatically have authority if I become incapable?
Not over property that is in your name alone. Without a power of attorney for property, a court application for guardianship may be needed.
Can I name more than one attorney?
Yes. Two or more attorneys for property must act jointly unless the document says they can act separately.
Who can witness a power of attorney?
Two adults who are not the attorney, the attorney’s spouse or partner, your spouse or partner, or your child. A person who has a guardian cannot be a witness.
Can I cancel a power of attorney?
Yes, while you are capable. A revocation must be in writing and signed and witnessed in the same way as the power of attorney itself.
Does a power of attorney continue after death?
No. It ends when the grantor dies. From then on, the estate trustee named in the will, or appointed by the court, has authority.
Speak with a power of attorney lawyer in Mississauga
Your first consultation is free for 15 minutes, by appointment. Call us or send a message, and bring any power of attorney you have already signed, including bank forms.
This page is general legal information for Ontario, current as of 10 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.