Power of Attorney in Ontario: Property vs Personal Care, Signing Rules and Cost

A power of attorney in Ontario is a legal document in which you name someone you trust, called your attorney, to make decisions for you. There are two main types: a continuing power of attorney for property, which covers your finances and can be used even if you become mentally incapable, and a power of attorney for personal care, which covers decisions like health care and housing and can only be used if you become incapable of making those decisions yourself ^[1][2]. You can make both for free using the Ontario government's kit, as long as you are mentally capable and sign in front of two eligible witnesses ^[1][3].

This guide explains how each type works under Ontario's Substitute Decisions Act, 1992, who can be your attorney, how to sign so the document is valid, what it costs and what happens if you never make one. It reflects the rules as of November 2026 and is general information, not legal advice.

What are the types of power of attorney in Ontario?

The Office of the Public Guardian and Trustee (OPGT) describes three kinds of power of attorney in Ontario [2]:

• Continuing power of attorney for property. Covers your financial affairs and lets your attorney keep acting if you become mentally incapable.
• Non-continuing power of attorney for property. Covers your financial affairs but cannot be used if you become mentally incapable. People sometimes use it to have someone handle transactions while they are away for a long period.
• Power of attorney for personal care. Covers personal decisions such as housing and health care.

Most people planning ahead make the first and third. The word "attorney" does not mean lawyer. Your attorney can be a family member, a friend or, if you prefer, a lawyer or trust company ^[1][2].

Continuing power of attorney for property vs power of attorney for personal care

Sources for the table: OPGT Powers of Attorney Questions and Answers ^[2] and the Ontario Powers of Attorney Kit ^[3].

Who can be your attorney in Ontario?

For a continuing power of attorney for property, you can appoint anyone who is at least 18. The person can live outside Ontario, and you can name more than one ^[2]. Many trust companies will act as attorney for a fee ^[3].

For a power of attorney for personal care, the person must be at least 16 and mentally capable. You generally cannot appoint someone you pay to provide you with health care or residential, social, training or support services, such as your landlord, a care worker where you live, your doctor or your homemaker, unless that person is also your spouse, partner or relative ^[2][3]. You also cannot appoint the Public Guardian and Trustee as your attorney for personal care ^[3]. The OPGT says it rarely agrees to act as an attorney for property, either ^[2].

Naming more than one attorney

If you appoint two or more attorneys, they must make decisions together unless you write that they may act "jointly and severally," which lets any one of them act alone ^[2]. Acting jointly can reduce the risk of misuse but can slow things down if the attorneys disagree. You can also name a substitute attorney who steps in if your first choice dies, becomes unable to act or declines the role ^[2].

How do you get a power of attorney in Ontario?

You do not need a special form or a lawyer, though both the government and the OPGT suggest getting legal advice, especially if your affairs are complicated ^[1][2]. To be valid, the OPGT says a continuing power of attorney for property must [2]:

• be called a continuing power of attorney for property, or say that your attorney can keep acting if you become mentally incapable;
• name one or more people as your attorney;
• be signed and dated by you; and
• be signed by two witnesses who saw you sign.

A power of attorney for personal care must name one or more attorneys, be signed and dated by you and be signed by two witnesses who saw you sign ^[2].

You can download the free Ontario Powers of Attorney Kit, which includes forms and step-by-step instructions for both documents, or use the online tool on CLEO's Steps to Justice website ^[1][3]. The kit's property form must be printed and signed to be valid ^[3].

Who can witness a power of attorney in Ontario?

The following people cannot witness either type of power of attorney [2]:

• your spouse, partner, child or someone you treat as your child;
• your attorney, or your attorney's spouse or partner;
• anyone under 18;
• anyone who has a guardian of property or a guardian of the person.

The witnesses should be present together when you sign, and each should sign in your presence and in the presence of each other ^[3]. An ineligible witness is a common reason a bank or other institution refuses to accept a power of attorney ^[2]. If a witness later dies, the document remains valid ^[2].

Can a power of attorney be witnessed virtually in Ontario?

Yes. Virtual witnessing started as a temporary emergency measure during the COVID-19 pandemic. The Accelerating Access to Justice Act, 2021 (Bill 245) made it a permanent option under the Substitute Decisions Act, 1992, effective May 20, 2021 ^[5]. Under the current rules [5]:

• the witnessing can be done using audio-visual communication technology, such as a live video call;
• at least one witness must be a lawyer or paralegal licensed by the Law Society of Ontario;
• everyone must sign at the same time; and
• signatures can be made on complete, identical copies of the document signed in counterpart.

Electronic signatures are not permitted, so each person still signs a paper copy by hand ^[5]. The government kit notes that because virtual witnessing requires a lawyer or paralegal, you should contact a legal professional for details ^[3].

When does a power of attorney take effect?

A continuing power of attorney for property can be used as soon as it is signed and witnessed, unless the document says otherwise ^[2]. You can state that it only takes effect on a certain date or if you become mentally incapable of managing your property. If you do, the kit advises spelling out exactly how incapacity will be determined, for example by a letter from your doctor ^[3]. The OPGT cautions that conditions like this can cause complications and delays when the document is actually needed ^[2].

A power of attorney for personal care can only be used while you are mentally incapable of making your own personal care decisions ^[2]. Your attorney generally decides whether you are incapable, but for medical treatment or admission to a long-term care home, a health professional must first find you incapable of that decision. You can also require independent evidence of incapacity, such as a doctor's letter ^[2]. Your attorney can only make the decisions you cannot make yourself, so you may still choose day-to-day matters even if you cannot make a major health decision ^[2].

What level of mental capacity do you need?

Capacity is decision-specific in Ontario. To make a continuing power of attorney for property, the OPGT says you must [2]:

• know what property you have and its approximate value;
• be aware of your obligations to people who depend on you financially;
• know what authority you are giving your attorney;
• know your attorney must account for their decisions;
• know you can revoke the document while you are capable;
• understand that your property could lose value if it is not managed well; and
• understand that your attorney could misuse their authority.

The test for a power of attorney for personal care is lower. You must understand whether the person you are naming genuinely cares about your well-being, and that you may need that person to make decisions for you ^[2]. If you expect someone to challenge your capacity later, the OPGT suggests speaking with a lawyer and possibly getting a medical report confirming your capacity when you sign ^[2].

What can an attorney do, and what can't they do?

Attorney for property. Unless you restrict their powers, your attorney can do almost anything you could do with your finances, including signing documents, starting or defending a lawsuit, selling property, making investments and buying things for you ^[2]. They cannot make a will for you or give a new continuing power of attorney on your behalf ^[2]. They must keep your financial information confidential except where you authorize disclosure or the law or their duties require it, and they must give you a full accounting whenever you ask ^[2].

Unless your document says otherwise, an attorney for property may take compensation at a rate set by law: 3% of money received, 3% of money paid out and three-fifths of 1% of the average annual value of your assets ^[2]. You can set a different amount or say that your attorney will not be paid.

Attorney for personal care. Unless you restrict their powers, your attorney can make almost any personal decision you could normally make, such as medical treatment, housing, food, hygiene, clothing and safety ^[2]. If you have written down wishes that apply, your attorney is legally required to follow them if possible. Without instructions, they must act in your best interests ^[2]. Health care providers can ask the Consent and Capacity Board to review decisions they believe are not being made properly ^[2].

How much does a power of attorney cost in Ontario?

Do it yourself: free. The Ontario government's Powers of Attorney Kit and the Steps to Justice online tool cost nothing ^[1]. Ontario does not register powers of attorney, so there is no filing fee ^[2]. You will need two eligible witnesses, and some banks or institutions may ask to see the original or a notarized copy before dealing with your attorney ^[2].

With a lawyer. Lawyers usually charge a flat fee for this work. Canadian Lawyer's 2021 Legal Fees Survey reported these Ontario averages [6]:

These are survey averages from 2021, before HST and disbursements, so expect current quotes to differ. Our guide on how much a lawyer costs in Canada explains flat fees and what drives price.

If you need a lawyer and do not know where to start, the Law Society Referral Service can connect you with a lawyer for a free consultation of up to half an hour ^[2].

How do you revoke a power of attorney in Ontario?

You can cancel either type of power of attorney at any time while you are mentally capable of making one ^[2]. You must state in writing that you are revoking it. No special form is needed, but the revocation must be signed and witnessed by two eligible people, the same way as the original ^[2][3].

After revoking, give the revocation to your attorney, send copies to your bank, pension sources and anyone else who knew about the document, and try to get the original back and destroy it ^[2]. If you own real estate, the OPGT suggests considering having a lawyer register notice of the revocation on title ^[2]. Making a new power of attorney can also replace an older one, because only the most recent power of attorney is valid unless you say you intend to have more than one ^[2].

Be careful with bank-specific power of attorney forms. The OPGT warns that a bank's form may only cover accounts at that bank, and signing it could revoke your existing continuing power of attorney for everything else ^[2].

What happens if you don't have a power of attorney in Ontario?

For property. Family members, including your spouse, cannot automatically make financial decisions for you ^[1]. A relative may need to apply to become your guardian of property, and if your only income is a government pension or benefit, the payer may let someone manage it for you as a trustee ^[2][4].

The OPGT can become your guardian of property in three ways: a physician must appoint it if you are admitted to a psychiatric facility, found incapable of managing property and have no guardian or power of attorney; a capacity assessor may appoint it in certain cases; or a court may appoint it as a last resort ^[4]. This is called statutory guardianship when it happens without a court order, and it applies only to property, not personal care ^[3]. Relatives can apply to the OPGT or a court to replace it ^[4]. A valid continuing power of attorney for property generally ends the OPGT's role if your attorney is willing to act ^[4].

For personal care. If you become incapable of decisions about medical treatment or admission to a long-term care home, a family member automatically has the right to make those decisions unless the Consent and Capacity Board or a court appoints someone else. If no family member or representative is available, capable and willing, the OPGT must make them ^[2]. There is no statutory guardian for personal care; a guardian of the person must be appointed by a court ^[3].

When should you hire a lawyer for a power of attorney?

The free kit works for many people with simple affairs. Consider a lawyer if ^[1][2]:

• your finances are complicated, such as a business, rental properties or assets outside Ontario;
• you expect a family member to challenge your choice or your capacity;
• you want detailed conditions on when the document takes effect or what your attorney can do;
• you want to name multiple attorneys and need rules for how they share the role;
• you plan to move or spend long periods outside Ontario, since other places may not accept an Ontario power of attorney; or
• you want to sign using virtual witnessing, which requires a lawyer or paralegal.

A lawyer can also prepare your will at the same time, which is often cheaper as a package. You can compare wills and estates lawyers in Ontario, or search for wills and estates lawyers in Toronto and Ottawa. For tips on choosing, see how to find a lawyer in Canada.