Powers of Attorney

A Power of Attorney is a legal instrument which enables you to delegate legal authority to another. The person who signs a Power of Attorney gives the legal right and authority to another trusted person (an "attorney"). "Attorney" does not mean “lawyer”. He or she can be a spouse, sibling, relative or a close friend. The key is - that person will make legally binding decisions for you, pertaining to your property, finances and medical care if you are mentally incapable of doing so.

By granting a Power of Attorney, people can be confident that their plans will be carried out in the event of accident or illness, causing them to become incapable of making decisions for yourself. The role of government is to act as a substitute decision-maker of last resort - only for people who do not have a Power of Attorney or who do not have anyone else to make decisions on their behalf. A person appointed under a Continuing Power of Attorney or a Power of Attorney for Personal Care, will have first right to act as substitute decision-maker.

If you do not have a Power of Attorney, a family member or friend will have to apply to the court to be appointed as "guardian." This will prove to be very costly. For this reason alone, it is wise to get a Power of Attorney NOW.

The Power of Attorney document will give your attorney legal authority as soon as it is signed and witnessed. This does not prevent you, however, from looking after your own affairs while you are still capable of doing so. In other words, your attorney will not necessarily begin to manage your financial affairs right away. You and your appointed attorney may agree, for example, to leave the document in a safe place or with a trusted third person, such as your lawyer, accountant or other professional advisor. You can give written directions to the third person about when the power of attorney may be released to the person you have appointed. You would continue to manage your own financial affairs in the meantime. It is important to know that Powers of Attorney which were properly made under previous laws of Ontario remain legally valid. As well, you can revoke (cancel) any other power of attorney that you have made.

Read more about Powers of Attorney by clicking here.

Our special fee is $100 for both a Continuing Power of Attorney for Property & Care