How to Make a Power of Attorney Valid

No. In Ontario, a power of attorney (POA) doesn’t need to be notarized or commissioned to be valid. It needs to be witnessed: a mentally capable person signs it in front of two eligible witnesses, who also sign. Witnessing can be done in person or by video. Some banks or organizations outside Canada may still ask for a copy notarized in person, so check with anyone who will rely on your POA.

Key Takeaways

• A POA doesn’t need to be notarized or commissioned to be valid in Ontario. It needs to be witnessed.
• A POA is valid when it’s signed by a mentally capable person in front of two eligible witnesses.
• You can have your POA witnessed by video, as long as one witness is a licensed lawyer or paralegal.
• Banks and other organizations may ask for a certified true copy, which a notary public prepares in person from your original.
• If your POA will be used outside Canada, the foreign authority may ask for it to be notarized in person and then authenticated.

What Makes a Power of Attorney Valid in Ontario?

Under the Substitute Decisions Act, 1992, a POA is valid when:

• You’re old enough: at least 18 for a power of attorney for property, or 16 for a power of attorney for personal care.
• You’re mentally capable: you understand what the POA is and what powers you’re giving.
• The document is complete: it names your attorney and sets out the powers you’re giving them.
• It’s properly signed and witnessed: you sign in front of two eligible witnesses, who both sign too.

There are no further steps. You don’t need to register or notarize it for it to be legally binding. To learn about the different kinds of POAs, see the types of powers of attorney in Ontario.

Who Can Witness a Power of Attorney?

Most adults can be witnesses, including friends, neighbours and co-workers. Your attorney and their spouse or partner, your own spouse or partner, your children and anyone under 18 can’t. For the full rules, see who can witness a power of attorney in Ontario.

Can a Power of Attorney Be Signed Online?

Yes. Ontario allows a POA to be signed and witnessed by video, as long as one of the witnesses is a lawyer or paralegal licensed by the Law Society of Ontario. You sign your printed document on the video call, and the witnesses sign a complete counterpart copy.

With NotaryPro’s virtual wills and POA service, we provide both witnesses and courier the witnessed copy back to you.

When Might You Need a Notarized Copy?

Notarizing isn’t required by law, but some organizations ask for it. Notarial services for a POA, like certifying a copy, are done in person with a notary public, because the notary has to see your original document.

• Banks and financial institutions: they may ask to see your original POA or a certified true copy of it. A notary public certifies the copy in person, so you can keep the original safe.
• Using your POA outside Canada: a foreign bank or government may ask for the POA to be notarized in person and then authenticated, or given an apostille, before they accept it.
• Real estate: if your attorney will sell or manage property for you, the lawyer handling the deal will tell you what they need.

Always ask the organization what it needs before you go to a notary.

How to Prepare Your Power of Attorney

Start with our free power of attorney for property template, or have us draft your power of attorney on the Ontario government forms. NotaryPro isn’t a law firm, so if your situation is complex, talk to a lawyer before you sign. Once your document is ready, book a time to sign with two witnesses by video.

Frequently Asked Questions

Does a power of attorney need to be notarized in Ontario?

No. It needs to be signed by a mentally capable person in front of two eligible witnesses. Notarizing isn’t required, though some organizations may ask for a certified true copy, which a notary public prepares in person.

Does a power of attorney need to be commissioned?

No. Commissioning is for documents you swear or affirm, like affidavits and statutory declarations. A POA isn’t sworn. It’s signed in front of two witnesses, which can be done in person or by video.

Does a power of attorney need to be registered in Ontario?

No. There’s no registry for powers of attorney in Ontario. Keep the original somewhere safe, and tell your attorney where it is.

Can I use my Ontario power of attorney in another province or country?

It depends on where it’s being used. Other provinces and countries have their own rules, and some ask for the POA to be notarized in person and then authenticated. Check with the organization or a local lawyer.

Can a notary witness a power of attorney?

Yes. A notary public can be one of your two witnesses, in person or by video. With NotaryPro’s virtual wills and POA service, a licensed NotaryPro professional is your first witness by video and we provide the second.

Can I sign a power of attorney online in Ontario?

Yes. You can sign by video as long as one witness is a licensed lawyer or paralegal. Learn more about who can witness a power of attorney.

Sign Your Power of Attorney with NotaryPro

Your POA doesn’t need to be notarized, but it does need to be signed and witnessed correctly. Sign by video from home, and NotaryPro provides both witnesses.