There are two types of Powers of Attorney in Ontario, one for assets and one for personal care.
A Power of Attorney is a document which appoints a decision-maker on your behalf. There might be a number of restrictions and/or conditions that you impose. That’s your choice, as long as you have the mental capacity to execute it or revoke it.
A Power of Attorney (POA) is the actual document. This is the appointment. It’s in writing.
The person appointed to make decisions is the “Attorney”.
Assets
This POA will be restricted to your assets, either some or all of them, your choice. This is the specific document we are looking for when it comes to real estate transactions. It could reference “all property” or it might say “123 Main Street”. So, you will have to be diligent to review it carefully. The authorization unless further restrictions are imposed limits the Attorney to “doing everything except making a Will”.
Personal Care
This POA is limited to your personal well-being, where you will live, where you will be and whether you wish to authorize elective medical care.
Appointment of Attorney
You might select one person for assets and another person for personal care. You could have two or more acting at the same time or sequentially (when the first person cannot act).
Document must be in writing
This is a requirement of the legislation, the Substitute Decisions Act. You will be required to sign the document in the presence of two witnesses. In the 1980’s only one witness was required. It’s important to determine whether that document is still in effect.
Brian Madigan LL.B., Broker