If you do not have an attorney for property, your loved ones will need to go to court to ask to become your court-appointed guardian. Other decisions will be out of their hands.Īn attorney for property makes decisions about your financial affairs. Without an attorney for personal care, your family will still be able to step in to make some decisions about your health. There are two types of powers of attorney: personal care and property.Īn attorney for personal care can decide on your health care, housing, and other personal matters. Two types of powers of attorney in Ontario Other individuals who cannot witness your power of attorney include anyone under the age of 18, your attorney or your attorney’s spouse or partner. For example, your spouse or your children cannot serve as witnesses.
Not everyone is eligible to be a witness, however. They must sign the last page of the power of attorney with you. When signing a power of attorney, it is also necessary that two people witness the signature. The only exception would be if the person being appointed power of attorney has been found incapable due to mental illness or injury. Who can be a power of attorney in Ontario?Īnyone who is 18 years of age or older can be a power of attorney in Ontario. In Ontario, every adult has the right to name an attorney or agents in a power of attorney document (also called a proxy) that allows them to make decisions for them if they are unable to do so themselves. A power of attorney is not the same as a will, but it can be used to manage your finances, property and other assets. What is a Power of Attorney?Ī power of attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf. Of course, there are some nuances and details worth considering: what kind of assets can this person manage on your behalf? Who is eligible to be appointed power of attorney? This article will answer these questions and others so you can understand how powers of attorney work in Ontario. Power of attorney allows someone to make personal care and financial decisions on your behalf should you become incapacitated. Simply put, having a power of attorney ensures that if you are unable to make health care or financial decisions for yourself in the future for any reason, your loved ones will have the power to take care of you and your belongings according to your wishes.If you’re making a will in Ontario, you’ll be asked to appoint a power of attorney. Instead, they may have to undergo a lengthy and expensive process where they will petition to become your legal guardian and gain access to your property. Therefore, for example, they won’t be able to pay your bills or collect money owed to you. Without a POA for property, your family will likely not be able to access or manage your assets.Sometimes an issue arises when the person granted the right to make decisions for your health care isn’t the person you actually want making those choices, however, having a POA can help to prevent this problem from arising. The order is as follows: your spouse or common law partner, parents, siblings, and finally, any other living relative.
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