Who can and cannot witness a power of attorney for personal care in Ontario?

In Ontario, a power of attorney for personal care must be signed in the presence of two witnesses, both of whom must also sign the document. Choosing the wrong witnesses will make the document invalid, so it is important to understand the restrictions.

The following people cannot serve as witnesses: your spouse or partner; your child or someone for whom you act as a parent; your attorney for personal care named in the document (or their spouse/partner); a person whose property you manage as attorney; and anyone under 18 years of age. People who provide care for you in a health care or care facility setting, and those who provide other personal support services to you for compensation, are also generally not permitted to witness.

If a person witnesses your signature while knowing they are disqualified, the document may be challenged. This is a good reason to have a lawyer or their staff serve as witnesses, or to choose neutral people such as friends or neighbours who have no other role in your estate plan.

You only need one witness for a revocation — different from the two witnesses needed to create the document. A lawyer can help you identify appropriate witnesses and ensure all execution formalities are met, which protects the document from being challenged later when it is most needed.