How to Get a Copy of Someone's Power of Attorney in Ontario

Unlike a will that has gone through probate, a power of attorney in Ontario is not filed anywhere public. There's no government registry to search, no court record to request, and no central office that keeps a copy on file for you. If you need to see a copy of someone's power of attorney, you generally have to get it from a person, not an institution.

Who can reasonably ask for that copy — and what to do if nobody can find the original — depends heavily on whether the person who signed it is still capable of managing their own affairs.

Powers of Attorney Are Private Documents, Not a Public Registry

A will that has gone through probate generally becomes part of the court record, and interested parties can typically arrange to see it. A power of attorney has no equivalent public step, whether or not it's ever used, because it doesn't go through any court process to take effect. It exists only as a private document between the person who signed it and whoever they choose to share it with.

While the Person Is Still Capable

While the person who signed the document is still capable, the document — and who gets to see it — remains largely their own decision. They can choose to share it with their named attorney, family members, or no one at all. There's no automatic right for anyone else, including the named attorney, to demand a copy against the grantor's wishes.

Once the Person Has Become Incapable

If the person has since become incapable, the named attorney generally needs a copy to actually use their authority. Banks, government offices, and other institutions will typically want to see the document — often the original or a certified copy — before recognizing the attorney's authority to act. At that point, the practical question becomes finding where the original document, or a reliable copy, actually is.

If the Original Can't Be Located

• [ ] Check with the lawyer who prepared the document — many law firms keep a copy, or a record, of powers of attorney they draft for clients
• [ ] Search the person's important papers at home, including any safety deposit box
• [ ] Ask close family members whether they were given a copy at the time it was signed
• [ ] Check whether the named attorney was given the original or a copy to hold
• [ ] Confirm with any financial institutions the person deals with whether they were provided a copy directly

When You May Need to Start Over

If no copy can be found anywhere and the person is still capable, the simplest solution is often to have them sign a new power of attorney rather than continuing to search. If the person has already become incapable and no valid document can be located, there may be no way to rely on a power of attorney at all — a family member may instead need to apply to the court to become a guardian of property or of the person, a more involved process than relying on a document that was already in place.

Why Keeping Track of the Original Matters So Much

Because there's no registry to fall back on, the physical original document — or at least a clear, reliable copy — really is the whole ballgame with a power of attorney. Many people sign the document, hand it to their lawyer or a family member for safekeeping, and then forget where it ended up years later, sometimes right when it's needed most urgently. Telling your named attorney, and at least one other trusted person, exactly where your documents are kept is a small step that can save a family real time and stress later. The same goes for updating that information whenever you move, change lawyers, or sign a new version of the document.

Frequently asked questions