Powers of Attorney for Property and Personal Care
A power of attorney lets someone you trust act for you if you can't act for yourself, through illness, an accident, or simply being out of the country. Without one, your family may have to apply to court or to the government before they can pay your bills, deal with your home or make health care decisions with your doctors.
Ellahi Law prepares Ontario powers of attorney as part of estate planning or on their own.
Two documents, two jobs
Continuing Power of Attorney for Property covers your finances: bank accounts, investments, real estate, paying bills and filing tax returns. "Continuing" means it stays in effect if you lose mental capacity, which is when it's needed most.
Power of Attorney for Personal Care covers decisions about your health care, housing, food, hygiene and safety, if you become unable to make them yourself.
You can appoint the same person for both, or different people. You can appoint more than one attorney and say whether they must act together or may act separately. You can also name substitutes.
Signing correctly
A power of attorney is only useful if banks, hospitals and land registry offices accept it. Ontario law sets out how it must be signed:
- Two witnesses must be present when you sign a continuing power of attorney for property, and each must sign as a witness.
- Some people can't be witnesses, including your attorney and their spouse or partner, your own spouse or partner, your child, and anyone under 18.
- Signing by video is allowed if at least one of the witnesses is a lawyer or paralegal licensed by the Law Society of Ontario and the signatures are made at the same time.
When we prepare your powers of attorney, we arrange proper witnessing in our office or by video and keep a record of the signing.
Why not use a kit?
Free government forms and online kits exist, and some people use them without trouble. The problems we see come from documents that were witnessed by the wrong person, that name an attorney who has since died or moved away with no substitute, or that don't say whether two attorneys must act together. These defects usually surface at the worst time, when a bank refuses the document and the person who signed it can no longer sign a new one. A lawyer-prepared power of attorney is drafted to your situation and witnessed correctly from the start.
What we discuss with you
- Who to appoint, and what to do if they can't act
- Whether your attorneys must act jointly or may act separately
- When the property power of attorney should take effect
- Any restrictions or instructions, such as keeping the family home
- Your wishes about medical treatment and care
- How the documents work with your Will
Fees
- Power of Attorney for Property: $349 + HST
- Power of Attorney for Personal Care: $299 + HST
- With a Will: see our Wills packages for combined pricing.
How it works
- A short consultation, by video or at our Scarborough office.
- We draft the documents to your instructions and send them for review.
- You sign with proper witnessing, in person or by video.
- You receive the signed originals and certified copies for your attorneys, and we keep a record copy.
Frequently asked questions
Does my spouse automatically have power of attorney?
No. Without a property power of attorney, a spouse has no automatic authority over accounts or property in your name alone.
When does a property power of attorney start?
By default it can be used as soon as it's signed, but you can say it takes effect only on a specified event, such as incapacity. We'll explain the practical effect of each choice.
Can I change or revoke it later?
Yes, as long as you have capacity. We'll prepare the revocation and the new document.
My parent is elderly. Can they still sign?
Usually, if they understand what the document is and what it does. We meet with them directly and assess this before signing.
Next step
Call 416-551-1155 or use the contact form to book a consultation. If you're also thinking about your Will, ask about our packages.