Is my attorney for property required to keep records in Ontario?

Yes. In Ontario, an attorney for property has a legal obligation to keep accurate records of all transactions they make on your behalf. This duty exists from the moment they begin acting under the power of attorney.

The records should capture all money received into your accounts, all money spent or transferred out, all property bought or sold, and any other financial decisions made. The goal is to be able to show exactly what was done with your assets, when, and why. Attorneys are also required to keep your assets separate from their own — commingling funds is prohibited.

These records can be requested at any time by certain people, including you (if you have capacity), your estate trustee after death, and in some circumstances family members or the Public Guardian and Trustee. A court can also order an attorney to provide a formal accounting if there is a dispute about how your finances were managed.

In practice, good record keeping protects the attorney as much as it protects you — it is their best defense against any allegation of mismanagement. If you are serving as someone's attorney for property, it is wise to open a dedicated file or spreadsheet from day one and save all receipts and bank statements. A lawyer can advise attorneys on their specific obligations.