Power of Attorney in Ontario: Why You Need One

Most people think estate planning is about what happens after you die. Half of it is actually about what happens while you’re still alive — specifically, what happens if you can’t make decisions for yourself.

That’s what a Power of Attorney (POA) is for. In Ontario, there are two distinct kinds, and most adults should have both.

The two types of POA in Ontario

1. Power of Attorney for Property

This document appoints someone to manage your finances and property if you become unable to do so. Your attorney (that’s the legal term for the person you appoint — they don’t need to be a lawyer) can:

• Pay your bills and mortgage
• File your taxes
• Access your bank accounts
• Sell investments or property
• Manage your business interests

In Ontario, this is called a Continuing Power of Attorney for Property. "Continuing" means it stays valid even if you become mentally incapable — which is the whole point.

2. Power of Attorney for Personal Care

This document appoints someone to make decisions about your health and personal life if you become incapable. Your attorney for personal care can make choices about:

• Medical treatment (including end-of-life care)
• Where you live
• Food, clothing, and hygiene
• Safety-related decisions

You can name the same person for both, or different people. Many couples name each other as primary attorney for both.

What happens if you don’t have a POA?

This is the part most Ontarians don’t realize. If you become incapable without a POA in place:

• For your finances: The Office of the Public Guardian and Trustee (a government office) may step in to manage your money until a family member formally applies to the court to become your guardian of property. This process is expensive (often several thousand dollars), slow (weeks to months), and public.
• For your health: Ontario’s Health Care Consent Act has a default hierarchy of who can make decisions — spouse first, then adult children, then parents, and so on. It works, but it can lead to family disputes when relatives disagree, and it doesn’t let you choose.

Who should you name as your attorney?

Pick someone who is:

• Trustworthy with money (for the property POA) — this person will have full access to your finances
• Willing to advocate for you (for the personal care POA) — they may need to push back against doctors or family members
• Geographically accessible — ideally lives in Ontario or nearby
• Mentally and emotionally able to take on the role in a crisis

You should also name an alternate in case your first choice can’t act.

Common mistakes to avoid

Using a bank’s POA form

Most major banks have their own short-form POA, but these typically only cover that one account at that one bank. They’re not a substitute for a proper Continuing POA.

Naming too many attorneys

You can name multiple attorneys to act jointly (they must agree on every decision) or jointly and severally (any one of them can act). Joint-only is tempting for accountability but can paralyze decisions in an emergency. Most lawyers recommend jointly and severally unless you have a specific reason otherwise.

Confusing a POA with a will

A will takes effect only after death. A POA is only valid while you’re alive. They do completely different jobs. You need both.

Not telling anyone

Your attorney can’t help you if they don’t know they’ve been appointed or can’t find the document. Tell them. Tell them where the original is kept.

How is a POA executed in Ontario?

Similar to a will, a Continuing POA for Property and a POA for Personal Care must be:

• In writing
• Signed by you
• Signed by two witnesses (same restrictions as a will — your attorney and their spouse can’t witness)

Where to get one

Cedar Complete ($199 CAD plus applicable tax) is the planned Cedar product that includes both Ontario POAs with a will and a separate Estate Inventory. These outcomes and paid checkout are not yet available; each requires its own product and legal approval before launch.

This article is for general information. Cedar Wills is a document-generation platform, not a law firm, and nothing here is legal advice.