A Power of Attorney (POA) is a legal document that provides authority to a person or persons you trust to make decisions on your behalf, should you become mentally incapable. Depending on the authority given by you – the ‘grantor’ or ‘donor’ – the acts an appointed attorney can perform includes anything from bill payments and sale of property to decisions related to healthcare.
In Ontario, there are two types of Power of Attorney documents: Power of Attorney for personal care and Power of Attorney for property.
What is a Personal Care Power of Attorney?
A Power of Attorney for personal care allows your appointed attorney to make personal decisions regarding your healthcare should you become incapacitated. Usually, your POA for personal care is a spouse, family member, or a close acquaintance that understands your wishes and can make good decisions for your wellbeing on your behalf. As this is a large responsibility with implications, a health professional will always determine that you are incapable of making these decisions on your own before your attorney can act.
What is a Property Power of Attorney?
A Power of Attorney for property allows your appointed attorney to make decisions regarding your property and finances should you become mentally incapable. Their decisions can include bill payments, investment management, benefit applications, and the collection of income. This POA ensures that your assets remain protected and can be as specific as you wish it to be.
Continuing Power of Attorney vs. Non-Continuing Power of Attorney
As both types of Power of Attorney involve a continuing power – in that the appointed attorney remains responsible for making decisions regardless of time – Ontario also recognizes non-continuing Power of Attorney. A non-continuing POA is restricted only to property. Specifically, this POA allows an appointed attorney to cover financial affairs only for a specified length of time. It is only used in instances where the grantor is travelling away from home for a long period of time and would thus need another individual to make financial decisions on their behalf. It is important to note that a non-continuing Power of Attorney becomes null should the grantor become incapacitated.
How Do I Make a Power of Attorney?
While a lawyer is not mandatory to legitimize your Power of Attorney, they will ensure that any complex wishes are addressed in your document, while providing the required legal advice.
There is a certain criterion for making a legal Power of Attorney:
- You must be over the age of majority within the province and be of capable mind
- The document must be signed in the presence of two valid witnesses
- The signatures must be of wet ink (cannot be digitally signed)
- A physical document must be stored (cannot be digitalized and stored online)
Because of COVID-19, the Ontario Ministry of the Attorney General is now permitting lawyers to virtually witness the physical signing of Powers of Attorney.
At 6ix Estates LLP, our office can prepare Powers of Attorney for Property to manage your financial affairs and Personal Care to make decisions about your health care, housing, and other aspects. We also offer all our services remotely. Our lawyers are happy to meet with you virtually or at a location of your choice, within the GTA.
Contact us today!