Different Types of Powers of Attorney in Ontario

Ontario has three types of power of attorney (POA): a continuing power of attorney for property, a non-continuing power of attorney for property, and a power of attorney for personal care. The two property POAs cover your money and assets, and the personal care POA covers decisions like housing and health care. Only the continuing POA for property and the POA for personal care work if you become mentally incapable.

Key Takeaways

• A continuing POA for property covers your finances and keeps working if you become mentally incapable.
• A non-continuing POA for property covers your finances for a set time or task, and ends if you become mentally incapable.
• A POA for personal care covers decisions about your health care, housing and personal needs, and only applies when you can’t make those decisions yourself.
• You must be at least 18 to make a POA for property, and at least 16 to make a POA for personal care.
• Every POA must be signed in front of two eligible witnesses, which you can do online by video.

Which Power of Attorney Do You Need?

• To plan for the future, in case you can’t manage your money: a continuing power of attorney for property
• For help with your finances for a short time, like while you’re travelling: a non-continuing power of attorney for property
• To plan who makes health care and housing decisions if you can’t: a power of attorney for personal care

Many people make both a continuing POA for property and a POA for personal care at the same time, so all their decisions are covered.

Continuing Power of Attorney for Property

A continuing power of attorney for property lets your attorney manage your finances, and it keeps working if you become mentally incapable. Your attorney can pay bills, collect income, manage investments, apply for benefits and protect your assets.

It can take effect as soon as it’s signed, or you can say in the document that it only starts if you become mentally incapable. You can make it as broad or as specific as you like. Read our full guide to the continuing power of attorney for property, or start with our power of attorney for property template.

Non-Continuing Power of Attorney for Property

A non-continuing power of attorney for property, also called a general or limited POA, gives someone authority over your finances for a set period or a specific task. For example, you might use one to have someone handle your banking while you’re away for several months.

It ends automatically if you become mentally incapable, so it isn’t a long-term plan. Learn more in our roadmap to the general power of attorney in Ontario, or start with our non-continuing or limited power of attorney template.

Power of Attorney for Personal Care

A power of attorney for personal care lets your attorney make decisions about your health care, housing, nutrition, clothing, hygiene and safety. It only applies when you can’t make a decision yourself.

For some decisions, like medical treatment or moving into a long-term care home, a health professional has to decide you’re incapable of making that decision before your attorney can act. Read our full guide to the power of attorney for personal care.

Why Make a Power of Attorney?

Without a POA, your family may have to apply to become your guardian or go through the Office of the Public Guardian and Trustee before they can act for you. That can take time while important decisions wait. A POA lets you choose who acts for you and set out your wishes ahead of time.

How to Sign a Power of Attorney

Every type of POA has to be signed in front of two eligible witnesses, who also sign it. You can do this in person or online by video, as long as one witness is a licensed lawyer or paralegal. To check who can be a witness, see who can witness a power of attorney in Ontario. A POA doesn’t need to be notarized, as we explain in does a power of attorney need to be notarized?

With NotaryPro’s virtual wills and POA service, we provide both witnesses, so you can sign from home. To prepare your documents first, we can draft your power of attorney on the Ontario government forms. NotaryPro isn’t a law firm, so talk to a lawyer if your situation is complex.

Frequently Asked Questions

What are the 3 types of power of attorney in Ontario?

A continuing power of attorney for property, a non-continuing power of attorney for property, and a power of attorney for personal care.

What is a durable power of attorney in Ontario?

“Durable power of attorney” is a US term. In Ontario, the equivalent is a continuing power of attorney for property, which keeps working if you become mentally incapable.

Can I have more than one type of power of attorney?

Yes. Many people make a continuing POA for property and a POA for personal care together. You can name the same attorney in both, or different people.

Does a power of attorney end when I die?

Yes. Every power of attorney ends at death. After that, your will and your executor take over.

How old do I have to be to make a power of attorney?

At least 18 for a power of attorney for property, and at least 16 for a power of attorney for personal care. You also have to be mentally capable when you sign.

Sign Your Power of Attorney with NotaryPro

Once you know which POA you need, the last step is signing it correctly. Sign by video from home, and NotaryPro provides both witnesses.