Ontario General Power of Attorney | Free Template

A General POA ensures that your financial affairs are carried out by someone you can rely on. It’s typically used for temporary circumstances, while you are still mentally capable. This POA can be valid for a period of two weeks, months, or years.

For example, you might give General POA to someone to manage your financial transactions while you’re abroad or sick. Once you’re able to, you can resume managing your finances yourself again.

Without a General Power of Attorney, someone you trust cannot legally handle your finances if you’re unable to manage them. Your family may need to hire a lawyer and go through a long court process to be appointed as guardians.

If you have no Attorney, the government may appoint the Office of the Public Guardian and Trustee to make financial decisions for you. This typically happens as a last resort when no suitable attorney is available; it is avoidable with proper planning.

To create a General Power of Attorney in Ontario, you need to:

• be at least 18 years of age;
• sign the POA before two witnesses who must also sign it;
• be mentally capable of giving Power of Attorney at the time of signing;

Being mentally capable of giving Power of Attorney means that you:

• Know the scope of authority your Attorney will have;
• Understand what property you own and the approximate property value;
• Recognize that there is a possibility that your Attorney could misuse their authority;
• Know your Attorney must account for all the decisions they make about your property;
• Recognize that if you’re capable, you are free to cancel your Power of Attorney any time.
• Understand that unless your Attorney manages your property prudently, its value may decrease; and
• Recognize your obligations to anyone who depends on you financially.

Your Attorney can perform a wide range of financial tasks and make decisions. Unless you place limitations on their authority, they’re authorized to do almost anything you can with your property and finances.

Your Attorney has enormous power, so consider whether limiting their permissions is right for you. Here are some actions an Attorney is authorized to take with respect to your finances:

• Sign cheques
• Pay bills
• Manage your investments
• Buy or sell your property
• Do your banking
• Make purchases

That said, your Attorney does not become the owner of your money or property, and cannot perform certain actions legally. Your Attorney cannot:

• Create a Will for you or change your current Will;
• Change your General POA document;
• Change a beneficiary on your life insurance plan; or
• Give General POA to someone else.

Note: Your Attorney has a legal duty to act in your best interests and must keep records. They can be held legally accountable for failing to fulfill these expectations.

Limiting Your Attorney’s Authority

Limiting your Attorney’s authority can help you protect your finances; see some examples of how you can do this:

• Limiting their permissions regarding banking transactions;
• Requiring your Attorney to consult with certain people, like family members or experts, before making specific decisions;
• Outlining the types of investments they can or cannot make; and
• Requesting that your Attorney prioritize certain individuals by making gifts or loans on your behalf.

Appointing Multiple Attorneys in Ontario

If you have multiple Attorneys, they must automatically make decisions together. This can serve as an extra checkpoint, but it can also lead to disagreements or delays if decisions must be made jointly.

If you want your attorneys to be able to act independently, state in your POA that your Attorneys can act “jointly and severally”. This phrase allows one attorney to make decisions without requiring other attorneys to approve. This can be helpful when urgent decisions must be made while you’re away or sick.

Giving someone Power of Attorney isn’t a decision to take lightly. You’re granting them significant power over your finances and property. Therefore, it’s critically important to only give Power of Attorney to someone you fully trust.

This person can be a spouse, family member, or lifelong friend. If you’d like, you can also appoint a lawyer or trust company instead. Some people prefer an impartial party because it can eliminate conflict.

You’re not obligated to appoint an Attorney for your finances; it is entirely your choice to do so. If someone is pressuring you into choosing them as your Attorney, consider not appointing them and speaking with a trusted friend or family member.

By naming someone as your attorney, you’re giving them significant authority over your finances. Appointing the wrong person creates a risk of misuse or mismanagement. To learn more about choosing someone to act as your General Power of Attorney, check out our General POA guide.

To be valid, your General Power of Attorney must meet the following criteria:

• Be called a General Power of Attorney or state that it doesn’t permit your Attorney to continue acting for you if you become mentally incapacitated;
• Have physical, hand-written signatures;
• Name one or more individuals to act as your Attorney for finances;
• Be signed and dated by the person giving POA; and
• Be signed by two eligible witnesses.

Note: It’s a good idea to review your General POA regularly. Ensure it stays current with life changes and that instructions are up to date.

In Ontario, drafting a General Power of Attorney is easy with our free General Power of Attorney template. Here are the details you must include in your General POA:

Details to Include in Your General POA

Include the following information in your General Power of Attorney:

• Granting party’s information: Full name, address, and contact details.
• Attorney’s information: Full name, address, and contact details.
• Substitute Attorney’s information: Full name, address and contact details.
• Date of effectiveness: The date you’d like your Attorney(s) to step in.
• Authorization Scope: A description of the rights, authority, or powers granted to the Attorney.
• Signatures: The granting party, witnesses, and the Attorney need to sign and date the POA.
• Duration: A time frame during which the authorization is valid.
• Limitations: Any restrictions on the authorized party’s permissions.
• Compensation: In Ontario, Attorneys are paid at a rate set out by the law unless you indicate otherwise.
• Witness signatures

Have your General POA witnessed online in 7 minutes, saving you and your witnesses the commute.

What Not to Include in Your General POA

The Ontario Land Registration system rejects POAs containing personal ID or banking details. If your POA is intended for land-related filings, it’s best to avoid including the details below:

• government identification (SIN, driver’s licence, etc.) • bank accounts • passports • birth certificates

Your General Power of Attorney needs to be signed by two witnesses. It can be witnessed entirely online in minutes, from the comfort of your home or office.

Try our Virtual Witnessing Service today, and save the commute to a notary’s office. Complete the witnessing process faster than ever before and enjoy peace of mind.

Who Cannot Witness Your General POA in Ontario

You cannot have any of the following people witness your General POA:

• Your spouse or partner
• Your child, or someone you treat as a child
• Your attorney
• Your attorney’s spouse or partner
• Anyone under the age of 18
• A person who has a guardian of property
• A person who has a guardian of the person

While it’s not always mandatory, the Government of Ontario recommends having your General Power of Attorney notarized. A notarized General Power of Attorney helps expedite processes, giving institutions more confidence in its authenticity.

Further, if an institution requires a notarized General POA if it is asked to recognize an Attorney’s authority. Notarization provides additional assurance of the POA’s validity and reduces the risk of fraud.

You can have your General Power of Attorney notarized at any of NotaryPro’s in-person locations. Find a notary near you here.