DocumentsPower of Attorney (Ontario)
Power of Attorney (Ontario)
A Power of Attorney is a legal document that grants one or more persons the authority to make financial, housing, or healthcare decisions on your behalf if you are rendered unable to look after matters on your own. A Power of Attorney document is a witnessed legal document that establishes the scope and validity of the authorization, creating a formal record of the arrangement. It helps to ensure that everything is clear and officially recognized.
The Power of Attorney:
- Validates the granting of specific rights, permissions, or powers to another party.
- Affirms that the authorised party has the legal right to act on behalf of the granting party.
- Specifies the duration and limitations of the authorization, if applicable.
- Provides a legal basis for the authorised party to carry out actions or make decisions as directed.
Power of Attorney (Ontario)
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What details or information does a Power of Attorney contain?
A Power of Attorney typically includes the following details:
- Granting party’s information: Full name, address, contact details, and any relevant identification or reference numbers.
- Authorised party’s information: Full name.
- Scope of authorization: A clear and precise description of the rights, permissions, or powers granted to the authorised party.
- Duration and limitations: If applicable, a specific time frame during which the authorization is valid and any restrictions or limitations on the authorised party’s actions.
- Signatures: The granting party’s signature and the date.
- Witnesses: The POA must be witnessed by two separate individuals who are over the age of 18, not related or the spouse of the Grantor, and not named in the POA.
- Notarization: The signature and seal of a notary public or commissioner of oaths to ensure that the validity of your Power of Attorney will not be questioned.
When would I need a Power of Attorney in Ontario?
You may need a Power of Attorney in various situations, such as:
- Granting someone the authority to act on your behalf in healthcare and financial matters.
- Authorising a representative to make decisions or sign documents on your behalf.
- Providing evidence of consent or permission for specific actions or transactions. For example, if you are unable to attend the closing of a real estate transaction, a Power of Attorney can sign documents on your behalf.
Do I need to have my Power of Attorney notarized?
Although you’re not required to have your Power of Attorney notarized, doing so adds credibility to the document and ensures that its validity will not be questioned.
How to Draft & Notarize your Document
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Frequently Asked Questions
Is a Power of Attorney the same as a Letter of Authorization?
No, a Power of Attorney and a Letter of Authorization are different legal documents.
A Power of Attorney gives broader authority to the attorney to act on behalf of the grantor in various matters, such as financial, legal, and healthcare decisions. On the other hand, a Letter of Authorization is usually used for more specific and limited authorizations.
Is a Power of Attorney always required when granting authority?
A Power of Attorney can be a helpful and legally recognized way to grant authorization, but it’s not always necessary.
Sometimes, a simple written authorization letter can do the job, depending on the situation and the people involved. However, using a notarized POA can add extra assurance and value, especially for more important or complex matters.
Can I revoke or cancel a Power of Attorney once it has been issued?
Yes, in most cases, you can revoke or cancel a Power of Attorney at any time, as long as you have the legal authority to do so.
You may give written notice to the authorised individual or entity, letting them know you’re revoking their authority. It’s a good idea to talk to a lawyer to understand the legal implications and make sure you inform all relevant parties properly.
Is NotaryPro’s online drafting & notary service legally recognized?
Yes, NotaryPro’s documents are legally recognized.
NotaryPro’s documents have been accepted by many institutions and authorities, including the Government of Canada and Service Ontario.
Is NotaryPro’s online drafting & notary service secure?
Yes, NotaryPro uses the latest encryption technology.
Your personal information and documents are subject to the highest level of digital security, and we ensure that your documents are notarized in compliance with all applicable Canadian laws and regulations.
How much does it cost?
It’s free to create your document, although we do offer online notarization for a small fee.
That’s right! Creating your document comes at no cost to you, but if you would like to notarize it at the same time, we’re happy to help. Please find our detailed prices here.