How to Make a Power of Attorney Valid
Key Takeaways
- A Power of Attorney is a legal document that gives someone the authority to make decisions on your behalf.
- Notarization is not a requirement for a Power of Attorney, but it must be properly signed and witnessed.
- The person granting the Power of Attorney must be of sound mind and include all the required details at the time of the document’s creation to ensure validity.
- Powers of Attorney can be signed and witnessed virtually in Ontario.
- Use NotaryPro’s online or in-person witnessing services and free Power of Attorney templates to get your document faster.
Power of Attorney Template
Ensuring Your Power of Attorney is Legally Binding
In Ontario, you must have the legal capacity to give the POA. It must contain all the required information — and be signed and witnessed to be valid (see also: Who Can and Cannot Witness a Will or Power of Attorney in Ontario?). There are no further steps that need to be taken in order for the POA to be legally binding, and notarization is not a legal requirement.
It should be noted that different jurisdictions have different signing requirements for POAs, which may depend on what powers are given to the attorney. Should you move or be out of the province for a prolonged term, you should check with a lawyer to review your documents to see if they are valid or need to be amended.
The Ontario Ministry of the Attorney General: Powers of Attorney Q&A further states:
While not required under the Substitute Decisions Act, 1992, a person being asked to recognize a Power of Attorney may require a notarized copy of, or the opportunity to see the original Power of Attorney, before dealing with an attorney in place of the grantor. This requirement provides additional assurance that the attorney has authority. Requiring the attorney to produce the original for inspection or provide a notarized copy helps establish that the original document is still in existence and is in the attorney’s possession. As well, if a notarized copy is produced, it reduces the risk of potential fraud as the notary is required to compare the original Power of Attorney to the copy prior to notarizing the copy.
Getting a Power of Attorney Witnessed Online
Up until April 2020, POAs were required to be signed and witnessed in person. Now, the Ontario Ministry of the Attorney General is permitting lawyers and notaries to virtually witness the physical signing of POAs.
NotaryPro offers a free Power of Attorney for Property template and a Power of Attorney for Personal Care template for your convenience. We are not a law firm. We are simply inserting your name and information into the Ontario Government POA forms. Once your POA is prepared, you can book an appointment online to sign the POA using our virtual witnessing service. For more information, please refer to the Ontario Ministry of the Attorney General: Powers of Attorney Q&A and/or consult a lawyer.