What duties does an attorney for property owe in Ontario?

In Ontario, an attorney for property holds a position of significant legal responsibility. The law treats them as a fiduciary — someone who must act with the highest standard of good faith and loyalty toward the person who appointed them.

The core duties include: acting in the grantor's best interests at all times; keeping the grantor's assets separate from the attorney's own; keeping complete, accurate records of all transactions; avoiding conflicts of interest and not benefiting personally from the role (beyond permitted compensation); and consulting the grantor on decisions that affect their well-being if the grantor has some capacity to be involved.

Attorneys must also consider the grantor's known wishes and values when making decisions — not just what seems financially prudent in the abstract. If the grantor previously expressed that they never wanted to sell the family home, a good attorney takes that into account.

Failing to meet these duties can result in the attorney being required to repay losses from their own funds. In serious cases of misappropriation, criminal charges are possible. An attorney can resign if they are no longer able to fulfill the role — this should be done in writing, with appropriate notice. Choosing a responsible attorney and reviewing obligations with a lawyer before beginning to act protects everyone involved.