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Wills & Estates

Should I update my powers of attorney at the same time as my will in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

Yes. A power of attorney for property and a power of attorney for personal care are the two key documents that govern what happens if you lose capacity during your lifetime. Although they are separate from your will (which governs what happens after death), they are part of the same estate plan and should be reviewed together.

If you are updating your will because of a major life event — divorce, remarriage, a death in the family, a change in your relationship with a key person — those same circumstances likely affect who should be named as your attorney under the powers of attorney.

For example, if your will named your former spouse as estate trustee and you have updated the will after divorce, you should also check whether the same former spouse is named as attorney for property or personal care. Under Ontario law, certain provisions in favour of a former spouse in a power of attorney are affected differently from those in a will, so it is important to update both documents deliberately.

Powers of attorney in Ontario must comply with the Substitute Decisions Act and have their own execution requirements (a single witness is required in most cases, but the rules differ from will execution). A lawyer can prepare both sets of documents in a single appointment, ensuring they are consistent and current.

Key takeaways

  • Powers of attorney govern incapacity; wills govern death — both should be current
  • Major life events that trigger a will review almost always affect powers of attorney too
  • A former spouse named as attorney may need to be removed separately from the will update
  • A lawyer can prepare or update both documents in a coordinated session
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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