Power of Attorney – Drafted for you
Do you need a Power of Attorney (POA) for personal, financial or property care? Give someone you trust the power to handle your affairs when you need them most.
We can draft a FREE Power of Attorney for you in the format expected by the Legal Society of Ontario or any other institution requiring it.
Simply complete the form below to begin, or click here for our blog post about signing Power of Attorney remotely. Get started below:
Let’s get started
Please fill up the form below.
Let’s get started
Document Drafting Service Process:
- Simply complete the form above
- Within a few minutes at most, we will email your Power of Attorney template in the Microsoft Word file format (.docx).
- You can edit or change the document as much as you wish.
- You can then book an appointment with us to notarize the document ($30 standard notarization fee applies) by booking online here.
- Ready? Click here to complete the form.
*Please do NOT book an appointment until after we send your draft document via email.
Notary Pro Canada: your Power of Attorney drafting specialists. Click here to draft your document!
What is a power of attorney?
A power of attorney is a legal document that you sign to give one person, or more than one person, the authority to manage your money and property on your behalf. In most of Canada, the person you appoint is called an “attorney.” That person does not need to be a lawyer.
Among other requirements, you must be mentally capable at the time you sign any type of power of attorney for it to be valid. In general, to be mentally capable means that you are able to understand and appreciate financial and legal decisions and understand the consequences of making these decisions. However, the legal definition of mental capacity will vary based on the laws in each province or territory.
What types of powers of attorney are used in Canada?
The names and requirements for the different types of powers of attorney that deal with finances and property will vary depending on the province or territory where you live.
Generally, there are two main types of powers of attorney commonly used for finances and property in Canada:
A general power of attorney is a legal document that can give your attorney authority over all or some of your finances and property. It allows your attorney to manage your finances and property on your behalf only while you are mentally capable of managing your own affairs. It ends if you become mentally incapable of managing your own affairs.
A general power of attorney can be “specific” or “limited”, which can give authority to your attorney for a limited task (e.g. sell a house) or give them authority for a specific period of time. The power of attorney can start as soon as you sign it, or it can start on a specific date that you write in the document.
An enduring or continuing power of attorney is a legal document that lets your attorney continue acting for you if you become mentally incapable of managing your finances and property. It can also give your attorney authority over all or some of your finances and property. An enduring or continuing power of attorney can take effect as soon as you sign it. In some cases, it is possible to have the power of attorney come into effect only when you become mentally incapable, if this was specified in the document.
What can my attorney do?
Unless you limit your attorney’s authority, they can do almost everything with your finances and property that you could do. If you don’t have any limitations in your power of attorney document, your attorney can do your banking, sign cheques, buy or sell real estate in your name, and buy consumer goods. Your attorney does not become the owner of any of your money or property. He or she only has the authority to manage it on your behalf.
Your attorney cannot make a will for you, change your existing will, change a beneficiary on a life insurance plan, or give a new power of attorney to someone else on your behalf.
Can I still make decisions for myself if I grant someone a power of attorney?
As long as you are mentally capable, you can continue to make your own decisions about your finances.
Who can I ask to be my attorney?
You should ask someone you trust. You may choose your spouse, a close friend, a family member or anyone else that you trust. Carefully consider whether they are the best choice to manage your money and property, and do so in your best interest.
The minimum legal age for an attorney varies according to the province or territory where you live. The person you ask to be your attorney can refuse to act for you, so it is important to ask the person first if they are willing to take on this responsibility and everything that it entails. You should also consider appointing a substitute attorney in case the first attorney can no longer act for you.
What to consider when choosing an attorney
- Does this person know how to manage money and property? Do they do it well for themselves?
- Do you think this person will manage your money and property in the way that you want and in your best interest?
- Has this person always been open and honest with you?
- Have you known this person long enough or well enough to feel that you can trust them?
- Is this person able to act in your best interest?
- Do they have any personal issues (e.g. financial problems or health concerns) that may interfere with them properly managing your finances?
- Does this person understand financial matters?
- Does this person understand the duties and responsibilities involved in being your attorney?
- Does the person have the time to handle your money and property as well as their own?
- Does this person live nearby and is he or she easy to contact and readily available?
- Has this person been someone you could rely on?
- Has this person carried through on important decisions or duties in the past?
- Has this person agreed to take on the responsibility?
- Does this person clearly understand what is expected of them as your attorney?