Is it necessary to have a power of attorney?

Absolutely, and here’s why: Unexpected life events like accidents or illness can suddenly impair your ability to manage your own financial or healthcare decisions. To prepare for such situations, irrespective of your current age or financial status, appointing a power of attorney is a wise step.

This legal document empowers a trusted individual, not necessarily a lawyer, to make important decisions on your behalf.

What kinds of power of attorney exist?

Primarily, there are two:

• Personal Care
• Property

Personal Care

This allows your chosen attorney to oversee aspects such as your healthcare, housing, and daily personal life decisions (e.g., meals, clothing). Without one, while your family can make certain decisions, their hands might be tied for others.

Property

An attorney for property handles your finances—be it paying bills, managing assets, or even selling your house. The absence of such an attorney means your family cannot automatically manage your finances and might have to undergo legal processes to do so. The government steps in only as a last resort.

When does my appointed attorney start making decisions?

For property-related decisions, your attorney can act immediately unless you specify that they should only do so upon your mental incapacity. It’s crucial to communicate your preferences clearly in your power of attorney document.

How do I choose the right attorney?

Trust is key. Whether it’s a family member, a spouse, a close friend, or a professional like a lawyer or trust company, ensure they’re willing and understand your wishes fully. It’s vital to discuss your intentions and expectations with them beforehand. Feeling pressured? Seeking legal advice can help clarify your options.

How do I make a power of attorney?

To create a power of attorney, you need to be :

• You must be mentally competent and of a certain age (18 for property, 16 for personal care).

Can I specify my healthcare wishes in advance?

Yes, and it’s recommended. Informing your personal care attorney about your medical care preferences, including decisions about life support in case of no hope of recovery, ensures your wishes are respected when you can’t make those calls yourself.

Remember, your choices and circumstances are unique, and discussing them with a legal professional can ensure your power of attorney accurately reflects your wishes and complies with legal standards.

How many people are required to witness a power of attorney in Ontario?

In Ontario, a Power of Attorney for Property and a Power of Attorney for Personal Care each require two witnesses to observe the signing by the person making the Power of Attorney (the Principal).

These witnesses must be adults, and there are specific restrictions on who can serve as a witness:

People exempted from witnessing a power of attorney in Ontario

1. The attorney or the attorney’s spouse or partner cannot be a witness.
2. The spouse or partner of the person granting the Power of Attorney cannot be a witness.
3. Neither witness can be under the age of 18.
4. Neither witness can be the child of the person making the Power of Attorney or someone whom the person making the Power of Attorney has demonstrated a settled intention to treat as their child