What is a power of attorney for property in Ontario?
A power of attorney for property is a legal document in which you (the grantor) authorize another person (the attorney) to manage your financial and legal affairs. This can include paying bills, managing bank accounts, selling real estate, filing taxes, and handling investments — essentially any transaction involving your assets.
In Ontario, powers of attorney for property are governed by the Substitutes Decisions Act. The document must be in writing, signed by you in the presence of two witnesses, and those witnesses must also sign. There are restrictions on who can serve as a witness — for example, your spouse, partner, children, and the attorney themselves cannot act as witnesses.
You can grant a continuing power of attorney, meaning it remains valid even if you later lose mental capacity — which is the most common reason people create one. Alternatively, you can make it effective only for a specific transaction or time period. Speaking with an Ontario lawyer before signing is strongly recommended to ensure the document reflects your exact intentions.
Key takeaways
- Authorizes someone to handle finances and legal matters on your behalf
- Must be in writing and witnessed by two eligible witnesses in Ontario
- A continuing POA remains valid even if you lose mental capacity
- Working with a lawyer helps ensure it matches your exact wishes