Can I buy an Ontario property on behalf of someone using a power of attorney?

Yes, an attorney for property — a person holding a valid power of attorney under Ontario's Substitute Decisions Act — can buy and sell real estate on behalf of the grantor (the person who granted the power of attorney). However, several specific requirements must be met for a real estate transaction to proceed under a power of attorney.

The power of attorney must be a Continuing Power of Attorney for Property (CPAP) — a general power of attorney ceases to be valid if the grantor becomes incapable, and most real estate transactions involving a POA arise precisely because the grantor cannot act for themselves. The CPAP must be properly executed under the Substitute Decisions Act: signed by the grantor while capable, in the presence of two witnesses (neither of whom can be the attorney, spouse, or certain other persons), and the witnesses must also sign.

Land Registry Office requirements for registering title under a POA are strict. The attorney cannot generally use the POA to give property to themselves — the Substitute Decisions Act prohibits an attorney from benefiting from their authority. The POA document (or a notarial copy) must be submitted with the transfer documents.

If there is any question about the grantor's capacity at the time the POA was signed, or the POA's validity, the transaction can be delayed or refused. Your real estate lawyer will review the POA before closing.