How do I get a power of attorney for property in Ontario?
To make a power of attorney for property in Ontario, you must be mentally capable and at least 18 years old. A continuing power of attorney for property must be signed in the presence of two witnesses, and each must sign. The person you name is called your attorney, and the document gives them authority over your property.
Some people cannot witness: the attorney or the attorney's spouse or partner, your spouse or partner, your child, or anyone under 18. The attorney can act right away unless the document says otherwise, and it may instead take effect on a specified date or when a specified contingency happens, such as your incapacity.
Your attorney may do anything about your property that you could do if capable, except make a will. The attorney is a fiduciary who must act diligently, honestly, with integrity and in good faith for your benefit, and may take annual compensation under the prescribed fee scale. A lawyer can help you word the document to fit your wishes and confirm that the signing and witnessing were done properly.
Key takeaways
- You must be mentally capable and at least 18 years old to make a power of attorney for property.
- It must be signed in the presence of two witnesses who each sign, and certain people, including your spouse or partner, your child and the attorney, cannot witness.
- The attorney can act right away unless the document says otherwise, or it can start on a set date or when a set contingency such as incapacity happens.
- Your attorney can do anything with your property that you could do if capable, except make a will.