Can my attorney for property give themselves gifts or money from my estate?

Generally, no. In Ontario, an attorney for property cannot benefit themselves from your assets simply because they hold that role. Giving themselves gifts, loans, or other financial benefits without proper authorization is a serious breach of their duty and can expose them to legal liability.

There are two limited exceptions. First, your attorney is entitled to reasonable compensation for the work they do managing your affairs — Ontario law provides a default compensation framework, and you can also address compensation directly in your power of attorney document. Second, if your power of attorney document expressly authorizes specific gifts (for example, continuing to make annual gifts to family members that you had a practice of making), the attorney can carry those out within those limits.

Outside of those situations, self-dealing is prohibited. An attorney who improperly takes money or assets from the grantor may be required to repay the amounts, and in serious cases may face criminal consequences as well. If you have concerns that an attorney is misusing their authority, an Ontario lawyer can advise you on steps to revoke the power of attorney or seek an accounting before a court. Choosing a trustworthy attorney and reviewing the document with a lawyer from the outset are the best preventive steps.