Powers of Attorney · Ontario
Powers of Attorney in Ontario: Property and Personal Care
A Power of Attorney lets you choose, in advance, who makes decisions for you if you become incapable. We draft Powers of Attorney for property and personal care, and advise people already acting as an attorney on their legal duties.
Book a ConsultationWhat is a Power of Attorney in Ontario?
A Power of Attorney is a legal document that appoints another person to act on your behalf if you become incapable of making certain decisions yourself.
The person you appoint is called your "attorney" — this doesn't need to be a lawyer. You can also specify particular wishes within the document that you'd like respected. A Power of Attorney is different from a will: it applies while you're alive, not after death.
What is a Power of Attorney for Personal Care?
A Power of Attorney for Personal Care appoints one or more people to make care decisions for you if you become incapable of making them yourself.
It can guide your attorney on decisions relating to health care, safety, clothing, hygiene, or nutrition. This type of document is also where people commonly specify end-of-life wishes — see our End-of-Life Law page for more on that specifically. If you don't designate an attorney, the law automatically designates who your substitute decision-maker is instead.
What is a Power of Attorney for Property?
A Power of Attorney for Property appoints someone to manage your finances and property if you become unable to manage them yourself.
This can include tasks like paying bills, managing bank accounts, or handling property transactions on your behalf. We draft Powers of Attorney for Property under Ontario law, and also advise people already acting as an attorney on their responsibilities.
What happens if there's no Power of Attorney in place?
For personal care decisions, the law sets out who is automatically authorized to act as substitute decision-maker. For property, there's generally no equivalent automatic authority — a family member may need to pursue a guardianship application instead.
See our Guardianship Law page for more on becoming a guardian of property or personal care when there's no valid Power of Attorney.
What are an attorney's legal duties and responsibilities?
Being an attorney is a real responsibility, and it can feel isolating — the law sets out duties, but it doesn't always tell you exactly what to do in the moment. Often, it falls to the attorney to interpret those obligations and apply them to a specific, sometimes difficult, situation.
This comes up especially often in dementia cases, where decisions can carry real ethical weight — balancing a loved one's wishes, safety, and independence isn't always straightforward. We help attorneys understand the law, and just as importantly, what it actually means for their own situation.
What if I'm concerned an attorney is mismanaging property?
This is a situation we see, particularly involving loved ones with dementia whose property is being mismanaged. We've also written about this on our blog, including a mini-series specifically on this topic. If you're concerned about mismanagement, get in touch to discuss your specific situation.
How Lisa Feldstein Law Office Can Help
Focused experience in Ontario health and caregiver law
Lisa Feldstein has focused her legal practice on family caregivers since 2013. She is an Adjunct Professor of Health Care Law at York University, and has been published and interviewed in outlets including the Canadian Journal of Family Law, CTV, and the National Post.
We draft comprehensive Power of Attorney documents, and provide advice and representation on related matters — helping ensure your wishes are followed and reducing the risk of family disputes.
Frequently Asked Questions
Powers of attorney: common questions
Do I need a lawyer to make a Power of Attorney?+
Not always, but it's strongly advisable, especially where the situation is complex or family dynamics could lead to future disputes. A lawyer ensures the document is properly drafted, witnessed, and reflects your actual wishes.
What's the difference between a Power of Attorney for Personal Care and for Property?+
Personal Care covers decisions about your health, safety, and daily living needs. Property covers your finances and assets. You can have one, the other, or both, depending on your situation.
Can a Power of Attorney include end-of-life wishes?+
Yes. A Power of Attorney for Personal Care commonly specifies wishes around end-of-life care, among other health and personal care decisions.
What if I already have a Power of Attorney but I'm not sure it's valid?+
We can review an existing Power of Attorney and advise you on whether it meets Ontario's legal requirements and what it actually authorizes.
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You may also find these pages useful
Ready to put a Power of Attorney in place — or need advice on one already in effect?
Book a ConsultationLisa Feldstein Law Office Professional Corporation
Richmond Hill, Ontario L4B 3P4
Canada
Tel: 416-937-8768
