What can my attorney for property actually do on my behalf in Ontario?
Your attorney for property has broad authority to manage your financial and legal affairs. In Ontario, unless your power of attorney document specifically restricts their powers, they can generally handle any transaction you could handle yourself while you are alive.
This includes paying your bills and expenses, managing and making decisions about your bank accounts and investments, buying or selling real estate on your behalf, filing your income tax returns, collecting money owed to you, managing your business interests, and making decisions about your personal property such as vehicles or household items.
However, there are important limits. Your attorney cannot make or change your will, cannot make gifts from your estate unless the power of attorney document expressly permits it (and even then there are restrictions), and cannot benefit themselves improperly. They are always required to act in your best interest, keep records of every transaction, and avoid mixing your funds with their own.
If you want to allow or restrict specific powers — for example, allowing your attorney to make charitable donations or restricting them from selling your home — you can include those directions in the document. Customizing the document with a lawyer's help is usually a good idea.
Key takeaways
- Attorneys can manage bank accounts, pay bills, handle investments, and sell property
- They cannot make or change your will
- Gift-giving requires express permission in the document
- Attorneys must keep records and always act in your best interest