Can my attorney for property sell my house in Ontario?

Yes, in most cases your attorney for property in Ontario has the authority to sell your home or other real estate on your behalf, unless your power of attorney document restricts this. Real estate transactions are one of the most significant things an attorney can do, so understanding the limits matters.

For your attorney to complete a real estate sale, the power of attorney must meet Ontario's formal requirements: it must be in writing, properly signed, and witnessed by two eligible witnesses. If the property is land registered under the Land Titles system, additional requirements may apply, and the Land Registry Office will review the document carefully.

If you want to ensure your attorney can sell your home if needed — for example, to fund your care costs — make sure the document clearly grants this authority and has no conflicting restrictions. Conversely, if you want to prevent the sale of a particular property (such as the family cottage), you can include a restriction to that effect.

It is also worth knowing that if your spouse or domestic partner has possessory rights to the matrimonial home under Ontario family law, those rights are not eliminated by the power of attorney. A lawyer can help you navigate this when the document is being drafted.