- Ontario's framework for compensating attorneys and guardians is built specifically around property, not personal care.
- As of mid-2026, the property compensation formula works out to roughly 3% of capital and income receipts, plus 3% of capital and income disbursements, plus a small annual percentage of…
- Even without a compensation entitlement, a personal care attorney is generally not expected to absorb costs personally: - Reasonable, properly documented out-of-pocket expenses, such as…
Caring for a family member as their Power of Attorney for Personal Care can be a significant, ongoing commitment: coordinating doctors, care facilities, and daily wellbeing decisions. It's natural to wonder whether attorney for personal care compensation in Ontario exists the way it does for someone managing property. The answer is one of the more counterintuitive parts of this area of law.
The Short Answer: Generally, No Statutory Compensation
Ontario's framework for compensating attorneys and guardians is built specifically around property, not personal care. The Substitute Decisions Act, together with a regulation setting a compensation formula, gives attorneys and guardians for property a defined way to claim compensation for their work managing someone's finances and assets. There is no equivalent regulation-based compensation formula for a Power of Attorney for Personal Care.
In practice, this means someone acting purely as attorney for personal care, making decisions about health care, shelter, nutrition, and daily wellbeing, is generally not entitled to be paid for that role under Ontario law the way a property attorney can be.
Why the Law Treats These Two Roles Differently
| Attorney for Property | Attorney for Personal Care | |
|---|---|---|
| Compensation formula in law | Yes, a formula tied to a percentage of receipts, disbursements, and a small annual care-and-management fee on assets under management (O. Reg. 26/95 under the Substitute Decisions Act) | No equivalent formula |
| What's typically reimbursable | Reasonable out-of-pocket expenses, plus compensation under the formula | Reasonable out-of-pocket expenses only, generally |
| Where compensation comes from | The value of the property being managed | No comparable asset base tied to the personal care role |
As of mid-2026, the property compensation formula works out to roughly 3% of capital and income receipts, plus 3% of capital and income disbursements, plus a small annual percentage of average asset value as a care-and-management fee, figures set by regulation, so always verify the current numbers before relying on them. This formula exists because managing someone's property involves handling and accounting for defined assets with a measurable value; personal care decisions don't have an equivalent financial base to calculate compensation from.
What a Personal Care Attorney Can Still Claim
Even without a compensation entitlement, a personal care attorney is generally not expected to absorb costs personally:
- Reasonable, properly documented out-of-pocket expenses, such as travel to appointments and supplies purchased on the grantor's behalf, are typically reimbursable, which is different from being paid for time or effort.
- Keeping receipts and records of anything spent on the grantor's behalf makes reimbursement far more straightforward, and protects the attorney if the reimbursement is ever questioned.
When One Person Holds Both Roles
Many people name the same person as attorney for both property and personal care. In that situation, the compensation question really only applies to the property side of what they're doing. The time spent specifically on personal care decisions generally isn't compensable, even though the same person may be entitled to claim compensation for the property-management portion of their work.
This is worth thinking through when drafting the documents. If you want to acknowledge the real burden of ongoing personal care coordination, that's a conversation to have directly with a lawyer about what your specific documents can and can't provide for.
Frequently asked questions
Can I write compensation for personal care into the power of attorney document itself?
This is a nuanced drafting question, since the usual statutory compensation mechanism is built around property, not personal care. Speak with a lawyer about what your specific document can provide for and how to word it clearly.
Does it matter how much time the personal care attorney spends?
Time spent isn't the basis for a statutory compensation claim the way it might be assumed. The property compensation formula is tied to receipts, disbursements, and asset value, not hours worked, and there's no equivalent formula for personal care time at all.
Can a personal care attorney get reimbursed for driving to appointments or buying supplies?
Generally, yes. Reasonable, documented out-of-pocket expenses incurred on the grantor's behalf are a different thing from compensation for the attorney's own time, and are typically reimbursable regardless of which role the expense relates to.
Does a court-appointed guardian of the person get paid differently than an attorney for personal care?
The compensation question for court-appointed guardians can raise its own considerations distinct from a privately signed power of attorney. If this applies to your situation, ask a lawyer to address the guardianship compensation question specifically.
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