What documents should I have for a complete estate plan in Ontario?
A complete estate plan for an Ontario adult typically includes three core documents: a will, a power of attorney for property, and a power of attorney for personal care. Each document covers a different aspect of your future, and each fills a gap the others cannot.
Your will sets out who receives your assets after you die, names an estate trustee to carry out your instructions, and (if you have children) names a guardian for minor children. It only takes effect at death.
Your power of attorney for property gives a trusted person authority to manage your finances and legal affairs if you are alive but unable to manage them yourself — whether temporarily or due to incapacity. This prevents your assets from becoming frozen while family scrambles through court processes.
Your power of attorney for personal care gives a trusted person authority to make health care and personal care decisions on your behalf when you cannot make them. Without this, the decision-making hierarchy under Ontario law kicks in, which may not reflect your preferences.
Many lawyers recommend adding a companion wishes document (sometimes called an advance directive or advance care plan) with your personal care POA to give your attorney specific guidance about your health care preferences. All of these documents should be reviewed periodically and updated after major life changes such as marriage, divorce, the birth of children, or significant health changes.
Key takeaways
- A complete Ontario estate plan includes a will, a property POA, and a personal care POA
- Each document covers a different time and type of decision
- A companion wishes document helps your attorney make decisions that reflect your values
- Review and update your documents after major life events