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HomeBlog HomeWho Can Witness a Power of Attorney in Ontario?

Who Can Witness a Power of Attorney in Ontario?

By Meaghan Sutherland • Licensed Paralegal & Notary Public • Updated on October 21, 2024 • 3 min read
By Meaghan Sutherland • Licensed Paralegal & Notary Public
Updated on October 21, 2024 • 3 min read

Witnessing Rules

In Ontario, a Power of Attorney is an important document with specific legal restrictions on who can witness the signature of the grantor (i.e., you) and of the attorney (the person you are giving power). These witness restrictions are the law in Ontario and cannot be ignored. Powers of attorney require execution by the grantor (the person giving the power of attorney) in the presence of two witnesses, each of whom must sign the document as witnesses (Substitute Decisions Act, s. 10(1)).

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The following people are disqualified as potential witnesses:

  1. the attorney or the attorney’s spouse or partner;
  2. the grantor’s spouse or partner;
  3. a child of the grantor or a person whom the grantor has demonstrated a settled intention to treat as his or her child;
  4. a person whose property is under guardianship or who has a guardian of the person; and
  5. a person under 18 years of age.

In simple terms: your witnesses generally should not be any family member, children, or your spouse/partner. People such as your neighbours, colleagues or good friends can be witnesses.

Despite these formal witness requirements for executing a Power of Attorney, if there is ever a court challenge, some courts may declare the efficacy of a continuing power of attorney that does not comply with these witness requirements. The happens only “if the court is satisfied that it is in the interests of the grantor or his or her dependants to do so”, as per the Ontario Substitute Decisions Act, s. 10(4)).

If you have any questions about the above restrictions, Notary Pro Canada encourages you to obtain independent legal advice before signing any power of attorney.

Book your appointment online or call 1-888-313-0909.

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COVID Witnessing: Concerned about witnessing your Power of Attorney in the COVID era?

We understand how hard it can be to find witnesses willing to travel to a notary office.

That’s why Notary Pro offers Canada’s first virtual witnessing service – we meet you via online video to sign your POA. NotaryPro serves as the first witness. Simply bring a second witness. Click here to learn more.

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NotaryPro provides in-person, virtual commissioning and virtual witnessing services in compliance with the laws and regulations of Ontario, Canada. Our services are performed by licensed legal professionals, including commissioners for taking affidavits and other authorized professionals, who are duly authorized to administer oaths, affirmations, and statutory declarations in accordance with the Commissioners for Taking Affidavits Act (Ontario) and related provincial legislation.

Online or remote notarization is not yet explicitly regulated under Ontario law. As a result, NotaryPro does not provide online notarial services, including the digital notarization of documents. Any references on our platform to terms such as ""notary,"" ""online notary,"" ""notarize online,"" or similar expressions are used strictly in an informal and descriptive manner. These references relate exclusively to our legally recognized remote/virtual commissioning and virtual witnessing services, which are distinct from notarial acts.

NotaryPro is not a law firm and does not provide legal advice, legal representation, or legal opinions. While we facilitate virtual commissioning and virtual witnessing services, we do not offer legal guidance on the validity, enforceability, or acceptance of documents by third parties.

If you require legal advice regarding the execution, validity, or use of a document, we strongly recommend consulting a qualified lawyer or other legal professionals. Additionally, before proceeding with virtual commissioning, virtual witnessing, or electronic document execution, it is advisable to verify acceptance with the intended recipient(s), such as courts, government agencies, or other institutions.