Learn about appointing someone you trust to make important financial and health care decisions on your behalf.
If something happens to you, for example an accident or illness that impacts your ability to make financial or health care decisions for yourself, you will need someone to make those decisions for you.
You should consider having a power of attorney in place, regardless of your age or financial situation.
A power of attorney is a legal document that gives someone you trust the right to make financial or health care decisions for you. This trusted person does not have to be a lawyer to be your attorney.
There are two types of powers of attorney:
An attorney for personal care can make decisions about your:
If you do not have an attorney for personal care, your family can make some decisions, but not all.
An attorney for property can make decisions about your financial affairs including:
Without an attorney for property, your family, including your spouse, cannot automatically step in to make financial decisions for you. They might have to go to court to become your court-appointed guardian.
The government may have to make decisions for you through the Office of the Public Guardian and Trustee, but only as a last resort. Family members may be able to take over after.
When you appoint someone to be your attorney for property, they can start making decisions about your financial affairs immediately unless you state otherwise. You may want to include a statement in your power of attorney that says your attorney can only make decisions if you become mentally incapable.
You should choose a person you trust to act as your attorney, such as:
Some people choose a lawyer or trust company. Talk to the person or company before appointing them to ensure they will take on this responsibility. Make sure they understand how you want your financial affairs or personal care handled.
You should never feel pressured to make someone your attorney. Speak to a lawyer about your options if you do not have anyone you are comfortable appointing.
To make a power of attorney you must be:
You can make a power of attorney document yourself for free or have a lawyer do it.
To make a power of attorney yourself, you can either:
If your personal or business affairs are complicated, you should talk to a lawyer. For example, you should talk to a lawyer if you:
Note: The Ontario land registration system does not accept powers of attorney that contain personal information, for example, copies or details from:
If you have any questions about how this rule may affect the information in your power of attorney, you should talk to a legal professional.
You may want to tell your attorney for personal care what you want to happen if you need medical care and are unable to consent to or refuse treatment. For example, some people tell their attorney that they do not want life support if they have no hope of recovery. Read more about this.