When does a power of attorney for property take effect in Ontario?

When a power of attorney for property takes effect depends on how you draft it. In Ontario, you have two main options.

A continuing power of attorney for property can take effect immediately upon signing, meaning your attorney can act right away even while you still have full capacity. This is common when you need help with transactions now or want seamless management if you lose capacity in the future. Alternatively, you can include a springing clause — a condition that must be met before the attorney can act, such as a written confirmation from your doctor that you have lost mental capacity. Springing conditions add a safeguard but can create delays in urgent situations.

It is important to understand that a continuing power of attorney survives incapacity precisely because that is its purpose. This distinguishes it from a non-continuing POA, which automatically ends if you become mentally incapable. Most people creating estate plans choose the continuing form. Whatever you decide, make sure your attorney knows the document exists and where to find it, so they can act promptly when needed.