What is a Power of Attorney & Why Should You Have One?

Updated: Jun 26, 2020

A Power of Attorney, unlike a Will, is a document in which you give someone the legal authority to make decisions on your behalf, if something unfortunate should happen to you rendering you incapable of making decisions while you are alive. In this regard, there are generally two types of Power of Attorney: Power of Attorney for Personal Care and Power of Attorney for Property. Each of these Attorneys have their own distinct capabilities.

A Power of Attorney for Personal Care is someone who can make decisions about your personal life such as health care, if you become incapable of making such decisions.

A Power of Attorney for Property is someone who can make decisions about your financial affairs, if you become incapable of making such decisions.

You are not legally required to designate a power of attorney in Ontario. However, if you do not appoint a person of your choosing to make such decisions on your behalf, other arrangements will have to be made on your behalf. This generally requires a person to apply to the courts to be authorized to act for you. If no suitable person is available to act on your behalf, the government may have to step in and become involved in your personal affairs. For this very reason, it is suggested that you contact us to draft and prepare your Power of Attorney so that you may appoint someone that you trust to act on your behalf should something unfortunate happen to you in the future and avoid any potential litigation.

For more information on your specific situation and appointing a Power of Attorney, speak to one of our wills and estates litigation lawyers by booking a consultation online at, emailing us at, or reaching us by phone at 416-512-2529, and we would be happy to arrange a consultation in order to assist you.

*The above is for general information purposes only and is not to be construed as legal advice, as your specific situation may differ and require individual attention.*

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