Continuing Power of Attorney for Property in Ontario

A Continuing Power of Attorney for Property allows you to appoint one or more trusted individuals to manage financial and property matters on your behalf. Depending on its terms, it may be used while you remain capable and can continue to operate if you later become incapable of managing property.

A Continuing Power of Attorney for Property is a legal document in which a person, known as the grantor, appoints another person to make decisions concerning the grantor’s property and financial affairs.

The person appointed is known as the attorney for property. In this context, “attorney” does not mean that the person must be a lawyer.

The word continuing means that the authority can continue even if the grantor later becomes incapable of managing property. 

Depending on the terms of the document, an attorney for property may be authorized to:

• manage bank accounts, income, bills, and household expenses;
• manage investments and insurance;
• file tax returns and address tax matters;
• manage, purchase, sell, or mortgage real estate;
• communicate with financial institutions, government agencies, accountants, and other professionals; and
• handle other property and financial matters on the grantor’s behalf.

A Continuing Power of Attorney for Property may generally authorize the attorney to do anything concerning property that the grantor could do if capable, subject to Ontario law and any restrictions in the document. However, an attorney cannot make a Will for the grantor.

A spouse, child, or other family member does not automatically have legal authority to manage another adult’s financial affairs.

Without a valid Continuing Power of Attorney for Property, family members may need to pursue a guardianship process if the person becomes incapable of managing property. In some circumstances, the Office of the Public Guardian and Trustee may initially become involved.

Having a properly prepared document can allow a person selected by you to assist with financial matters without first seeking a court appointment.

A Continuing Power of Attorney for Property may take effect immediately after it is signed unless the document states otherwise.

It may instead provide that the attorney’s authority begins:

• on a specified date; 
• when a particular event occurs; or 
• when the grantor becomes incapable of managing property.

Where the authority is intended to begin only upon incapacity, the document should clearly address how incapacity will be determined. 

Some individuals prefer immediate authority so that their attorney can assist with banking, bills, or property matters when requested. Others prefer to delay the authority until incapacity. The appropriate arrangement depends on the grantor’s needs, comfort level, and relationship with the proposed attorney.

The attorney may be a spouse, partner, adult child, relative, friend, trust company, or another trusted individual. The person does not need to be a lawyer. 

The proposed attorney should be:

• trustworthy and financially responsible; 
• willing to accept the appointment; 
• capable of maintaining complete records; 
• available when assistance is required; 
• able to communicate with financial institutions and professionals; and 
• prepared to act in the grantor’s interests. 

It is also helpful to consider appointing an alternate in case the first attorney dies, becomes incapable, resigns, or is unwilling or unavailable to act.

Because the attorney may receive broad authority over money and property, the appointment should be made carefully and without pressure.

Yes. A grantor may appoint two or more attorneys.

The document should explain how they are expected to act. They may be required to act:

• jointly, meaning all attorneys must agree and act together; 
• either or any one of whom can act alone, meaning each attorney may make decisions and sign documents independently without requiring the approval or signature of the other attorney or attorneys; or 
• under another arrangement clearly described in the document. 

Under Ontario’s legislation, where two or more attorneys are appointed and the document does not say otherwise, they must act jointly.

Requiring joint decisions may provide additional oversight but can also make routine transactions less convenient. Allowing attorneys to act independently may provide flexibility but gives each attorney greater individual authority.

The attorney must act within the authority provided by the document and comply with applicable Ontario law. Responsibilities may include:

• managing the grantor’s property carefully and in the grantor’s interests;
• keeping the grantor’s property separate from the attorney’s own property;
• maintaining complete records of assets, income, expenses, and transactions; and
• accounting for the management of the property when legally required.

Yes. A Continuing Power of Attorney for Property may contain conditions or restrictions that are consistent with Ontario law.

For example, the document may address:

• when the authority begins;
• how multiple attorneys must act;
• whether particular property may be sold;
• whether the attorney may receive compensation; and
• whether records should be provided to another person.

Restrictions should be drafted carefully. A restriction that is unclear or impractical may make it difficult for the attorney to manage the grantor’s affairs when assistance is needed.

A Continuing Power of Attorney for Property deals with financial and property decisions.

A Power of Attorney for Personal Care deals with decisions concerning matters such as:

• health care; 
• housing; 
• nutrition; 
• clothing; 
• hygiene; and 
• personal safety. 

The attorney for property and attorney for personal care may be the same person or different people. Each document should reflect the grantor’s wishes and the abilities of the individuals being appointed.

In Ontario, a person must be at least 18 years old and have the required mental capacity to make a Continuing Power of Attorney for Property. The person must understand the nature of their property, the authority being granted, the attorney’s responsibilities, and the possibility that the authority could be misused.

A capable grantor may generally revoke an existing Continuing Power of Attorney for Property or prepare a new one.

A revocation must be completed in writing and executed in accordance with the applicable legal requirements. Preparing a new Continuing Power of Attorney may also terminate an earlier one unless the new document states that multiple Powers of Attorney are intended to remain in effect.

Banks, financial institutions, attorneys, and other affected persons should be informed when an appointment is changed or revoked.

A Continuing Power of Attorney for Property should be reviewed periodically and after significant changes, including:

• marriage or separation; 
• the death or incapacity of an attorney; 
• a change in the relationship with the attorney; 
• the purchase or sale of a business; 
• a significant change in assets; 
• a change in residence; 
• changes to the estate plan; or 
• concerns about whether the existing document remains suitable. 

An older Power of Attorney may remain legally valid, but financial institutions or third parties may request additional confirmation before relying on it.

Nobari Law Professional Corporation provides personalized assistance with Continuing Powers of Attorney for Property in Ontario.

Our services may include:

• explaining the purpose and effect of the document;
• discussing the selection of attorneys and alternates;
• determining when and how the authority should operate;
• preparing appropriate conditions or restrictions;
• coordinating the document with the client’s broader estate plan; and
• providing signing and witnessing instructions.

Every situation is different. The document should reflect the grantor’s assets, family circumstances, financial arrangements, and instructions.

To begin preparing an estate-planning package, which may include a Will, Continuing Power of Attorney for Property, and Power of Attorney for Personal Care, please complete our Estate Planning Intake Form.

The completed form may be returned to Nobari Law Professional Corporation by email, mail, or in person.

Do not send original documents, identification, complete account numbers, passwords, medical records, or other sensitive information unless requested by Nobari Law Professional Corporation. If requested, please use the document-sending method confirmed by the firm.

Submitting the form allows us to review your circumstances and determine how we may be able to assist. After reviewing the information, we will contact you to discuss the next steps and any additional information that may be required.

Submitting the form does not, by itself, create a lawyer-client relationship or confirm that Nobari Law Professional Corporation has agreed to act. A lawyer-client relationship begins only after the matter has been reviewed, any required conflict check has been completed, the firm has agreed to accept the retainer, and the engagement has been confirmed.

Complete the Estate Planning Intake Form

A Continuing Power of Attorney for Property can help ensure that a trusted person is available to manage financial and property matters if assistance is required.

Contact Nobari Law Professional Corporation to discuss preparing or updating a Continuing Power of Attorney for Property in Ontario.