What Happens If You Don’t Have a Power of Attorney in Ontario?

In addition to a Will, every adult in Ontario should have two types of Powers of Attorney:

• Power of Attorney for Property: lets someone manage your finances if you’re incapacitated.

• Power of Attorney for Personal Care: lets someone make medical and personal decisions for you if you’re unconscious or mentally unable to do so.

  
  

If you don’t have these documents and you become incapacitated due to illness, stroke, accident, or dementia, you must be aware of the following:

No One Can Automatically Act on Your Behalf

Even your spouse or adult children can’t access your bank account, sell your property, or manage your bills without a POA. Your finances may become frozen — mortgage payments, utilities, and taxes can go unpaid.

Someone Has to Apply to Become Your Guardian

Your loved ones may have to go to court to be appointed as your legal guardian. This process is expensive, time-consuming, and public. And again — it may not be the person you’d want making decisions for you.

Healthcare Decisions May Be Delayed or Disputed

Without a POA for personal care, medical professionals must follow a hierarchy of substitute decision-makers, which may include:

• A parent

• A child

• A sibling

• A spouse or partner

This can lead to disputes and delays in urgent situations if your loved ones disagree on what should be done.

Protect Yourself and Your Family — Why You Need a Will and POAs

Having a Will and Powers of Attorney is not just for the wealthy or elderly. It’s for anyone who wants to:

• Choose who inherits their property

• Appoint a trusted person to manage their estate

• Protect their partner and children

• Avoid court delays and legal costs

• Make end-of-life decisions easier for loved ones

Contact us today to discuss your Power of Attorney, Wills and Estates issues with a paid online consultation. We can be reached at www.bprlitigation.com or by email at justin@bprlitigation.com. We would be happy to arrange a consultation to assist you further and address your specific needs.