A power of attorney (POA) is a legal document that authorizes another person to act on your behalf. In Ontario, two distinct POAs are most commonly used: a Continuing Power of Attorney for Property and a Power of Attorney for Personal Care. The rules for each are set out in the Substitute Decisions Act, 1992.
This article provides general information about POAs in Ontario and is not legal advice. If you are preparing a POA, consider consulting a lawyer.
The two main types in Ontario
- Continuing Power of Attorney for Property: authorizes your attorney to make decisions about your finances and property. It is “continuing” because it remains in effect (or comes into effect) if you later become mentally incapable, provided the document expressly states so.
- Power of Attorney for Personal Care: authorizes your attorney to make decisions about your personal care — including health care, nutrition, shelter, clothing, hygiene, and safety — if you become mentally incapable of making those decisions yourself.
Both can be tailored. A POA can be limited to a specific transaction, a specific time period, or a specific purpose.
Who can you appoint as your attorney?
For property
Under section 5 of the Substitute Decisions Act, 1992, an attorney for property must be at least 18 years old and mentally capable. There is no statutory bar against appointing a paid health-care or housing provider as your attorney for property — but appointing someone who is also paid to provide you with care can create a financial conflict of interest, and many people choose to avoid that for practical reasons. If you are considering this, a lawyer can help you weigh the trade-offs.
For personal care
Under section 46 of the Substitute Decisions Act, 1992, an attorney for personal care must be at least 16 years old and mentally capable. The Act expressly prohibits you from appointing a person who is paid to provide you with health-care, residential, social, training, or support services — unless that person is your spouse, partner, or relative. The Act defines “partner” and “relative” specifically, so if your intended attorney falls within one of these exceptions, confirm the definition applies to your situation.
Witnessing requirements
Both a Continuing Power of Attorney for Property and a Power of Attorney for Personal Care must be signed by you in the presence of two witnesses, both of whom must also sign in your presence. The Substitute Decisions Act, 1992 provides that the following persons cannot be a witness:
- The attorney or the attorney’s spouse or partner;
- Your spouse or partner;
- Your child, or a person you treat as your child;
- A person whose property is under guardianship, or who has a guardian of the person;
- A person who is less than 18 years of age.
Is a notary public required?
A notary public is not statutorily required for an Ontario POA. The Act requires two qualified witnesses, not a notarial seal. That said, notarization is commonly used in the following situations:
- The POA will be used outside Ontario, where foreign banks, courts, or registries often expect a notarized document.
- The POA is being used in a real estate transaction and the lender or registry requires notarization.
- You want an additional evidentiary record of identity verification and signing.
If notarization is appropriate, the notary will verify your identity, confirm you understand the document, witness your signature, and apply a notarial certificate and seal.
Common practical issues
- Signing before the witnesses observe: all signatures (yours and the witnesses’) must be made in each other’s presence.
- Using an ineligible witness: a frequent issue is having the attorney’s spouse witness, which the Act prohibits.
- Continuing authority not expressly stated: for a Continuing Power of Attorney for Property to survive incapacity, the document must say so.
- Missing dates: the document should be dated.
- Foreign use without notarization: a bare witnessed POA may not be accepted abroad.
Frequently asked questions
Can a notary draft the POA for me?
Drafting a POA is a legal service. A notary who is also a lawyer can prepare the document; a notary who is not a lawyer generally will not draft the document but can notarize a POA you bring with you. For complex family or financial situations, consulting a lawyer for drafting is the typical path.
What does notarization cost?
Notarial fees are set by individual notaries and typically fall in the $30–$80 range per signature. Drafting by a lawyer is a separate professional service with its own fee.
Can a POA be signed by video conference?
Witnessing requirements were temporarily modified during the COVID-19 emergency period. For current requirements, consult a lawyer or the Ontario government’s most recent guidance. In-person signing in the presence of two qualified witnesses remains the most straightforward path.
Can I revoke a POA?
Yes — generally, you can revoke a POA at any time so long as you remain mentally capable to do so. The revocation should be in writing and steps should be taken to notify the attorney and any institutions that may have a copy.