A Power of Attorney (POA) is a legal document that authorizes an attorney or agent to make important decisions for another person. It encompasses decisions concerning healthcare, finances, and legal issues. Separate Power of Attorney (POA) documents are usually created for healthcare and property matters. They are crucial instruments for safeguarding your finances, health, and personal choices as you navigate through life's stages. Even if you haven't considered it yet, planning for incapacity scenarios by creating a POA document is essential.

Appointing an "attorney," also known as a "representative" or "agent," is a proactive measure to ensure peace of mind. This appointment is formalized through a POA document, which may have different names, such as a personal directive, healthcare directive, representation agreement, or living will, depending on your province or territory.

It's important to note that in these contexts, the term "attorney" doesn't imply a legal professional; rather, it signifies a designated individual acting on your behalf. Gain insights into making well-informed decisions when selecting and establishing your POA in Canada to manage your future welfare and finances.

What is a Power of Attorney (POA)?

How Does a Power of Attorney Work?

To establish a POA, several steps must be followed:

1. Selecting an Attorney:

Choose a trusted individual or entity to act as the attorney, considering their suitability for managing personal care and financial affairs.

2. Defining Scope:

Determine the extent of the attorney's authority, specifying whether it covers personal, financial, or property-related matters.

3. Document Creation:

Use online platforms to draft comprehensive POA documents for healthcare and property, ensuring clarity and specificity in instructions.

4. Witnessing/Notarizing:



Ensure the POA document is properly witnessed and/or notarized, adhering to the specific requirements of your province or territory.

Types of Power of Attorney Documents

There are two primary types of POA:

Power of Attorney for Personal Care:

Empowers the attorney to make decisions concerning healthcare, accommodation, and personal welfare.

Power of Attorney for Property:

Authorizes the attorney to handle financial matters, property transactions, and legal affairs on behalf of the granto

These types can further be categorized into:

General Power of Attorney:

Terminates upon the grantor's mental incapacity or death, suitable for short-term needs like travel.

Enduring or Continuing Power of Attorney:

Remains effective even after the grantor becomes mentally incapacitated, ensuring ongoing management of affairs.

What are the characteristics that make a Power of Attorney enduring or continuing?

A general power of attorney becomes invalid immediately if you become mentally incapable or pass away. However, an enduring or continuing power of attorney remains in effect even after you become mentally incapable. Attorneys nominated in these documents continue to have the power to act on your behalf if you become infirm, unable to communicate, or mentally incompetent.

When and Why Do You Need a Power of Attorney in Canada?

Drafting a power of attorney is essential for every adult to safeguard against unforeseen circumstances. It enables the appointed attorney to make vital decisions outlined in the documents, covering healthcare, finances, and personal matters.

Can You Choose More Than One Power of Attorney?

While it's possible to appoint multiple attorneys, they must act jointly, agreeing on decisions collectively. Alternatively, you can grant them individual decision-making authority through specific instructions in the POA documents.

What Does a Power of Attorney Do?

A power of attorney for property enables the attorney to manage property-related matters such as bill payments, benefit applications, or property sales. Conversely, a power of attorney for personal care facilitates decisions regarding healthcare, nutrition, and overall well-being.

Who Can You Make Your Power of Attorney?

Typically, individuals appoint a spouse, family member, or trusted friend as their attorney. It's crucial to select someone reliable, legally competent, and aware of your personal interests and affairs.

How Should You Choose Your Power of Attorney?



When choosing someone to be your power of attorney for both personal care and property, there are a few things that you should consider. Here are some factors to keep in mind:

1. Choose someone who is comfortable with the responsibility

Taking on the role of an attorney can be daunting, especially when making tough decisions about health and well-being. This could involve making decisions about medical procedures, managing accommodations, and accessing medical records. The attorney for property must also handle significant financial and legal decisions, so it's important to choose someone who has organizational skills and can make critical choices during stressful situations.

2. Choose someone you trust

It's important to choose someone trustworthy like a spouse, family member, relative, or close friend. Remember, the attorney and executor roles can be separate, with distinct responsibilities depending on whether you're alive or deceased. It's crucial to appoint individuals who have your best interests at heart, given the broad powers they'll wield over your finances, healthcare, and daily life.

3. Choose someone legally qualified to be your attorney

Your chosen attorney should be a responsible adult, ideally residing in close proximity to you for accessibility in emergencies. While residency in Canada isn't mandatory, it's advisable for the individual to be easily reachable and capable of acting swiftly in urgent situations. Typically, they must meet the age of majority requirements in their respective province or territory, which is generally 18 years, except for specific regions where it's 19 years. In Ontario, an individual can serve as a power of attorney for personal care once they reach 16 years of age.

4. Regularly review your power of attorney documents

Just like updating your will, it's important to review and revise your power of attorney documents as life circumstances change. Significant events like the birth or adoption of a child, relocation, or divorce may necessitate adjustments to your documents. Ensure your chosen attorney is informed about the potential decisions they may need to make, equipping them with the knowledge and confidence to fulfill their responsibilities when required.

Does Power of Attorney Override a Will?

No, in Canada, a power of attorney does not supersede a will. The appointed individual cannot alter your will, change beneficiaries, or create new POA arrangements.

Advantages and Risks of Having a Power of Attorney

Having a power of attorney in place offers peace of mind amidst life's uncertainties, ensuring immediate action in case of incapacity. However, granting broad decision-making powers entails risks, necessitating careful selection of a trustworthy individual.

Other Considerations

Adult children can serve as suitable attorneys, provided they possess the requisite capabilities and reliability. Safeguards can be included in POA documents to prevent abuse of power, such as limiting authority or requiring approval from a third party for significant decisions. Validity of POA documents may vary across provinces, necessitating updates upon relocation to a different province.

Considerations for the 2SLGBTQIA+ Community



Members of the 2SLGBTQIA+ community may face unique challenges, necessitating careful consideration of the attorney's understanding of their identity and healthcare needs.