Power of Attorney

In Ontario, a Power of Attorney can be notarized by a notary public.

A Power of Attorney is a legal instrument that grants authority to a designated individual (referred to as your “Attorney”) to make important decisions on your behalf in the event you are unavailable or unable to make decisions yourself. By executing this document, you appoint your Attorney as your agent, empowering them to manage your finances, estate, health, and other matters with the same authority you possess.

You can grant your Attorney general powers, allowing them to act with minimal restrictions, or you can assign special powers for specific purposes only. It is important to note that your appointed Attorney cannot serve as witness for your Power of Attorney document; an independent witness is required.

Once appointed, your Attorney is obligated to act in your best interests. Furthermore, your Attorney must possess full mental capacity and fully comprehend the roles, responsibilities, and consequences associated with being your attorney under the Power of Attorney.

To execute a Power of Attorney, you must be deemed mentally capable. In order to be considered mentally capable of granting a Power of Attorney for personal care, you need to understand the necessity of selecting someone with genuine concern for your well-being, and as such, you must choose a person you trust.

To be considered mentally capable of granting a Power of Attorney for property, you must demonstrate a complete and current understanding of your assets (including their location and value), be aware of your obligations to your dependents, and comprehend the authority and power you are bestowing upon your Attorney in relation to your property and assets.

For further details, we suggest you visit the website of the Government of Ontario. Please click here.