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Making a Limited Power of Attorney for Property

Region: Ontario Answer # 1363

In Ontario, a Power of Attorney for Property authorizes someone (called the “attorney”) to manage financial affairs on behalf of another person (the “grantor”).

A Power of Attorney (POA) can be:

  • General or Limited
  • Continuing (valid even after the grantor becomes incapable) or Non-continuing (only valid while the grantor is capable)

A limited POA is typically used for a specific task or time period, such as to handle a real estate transaction or manage finances while the grantor is temporarily out of the country.

Types of POAs

  • A General POA gives broad financial authority.
  • A Limited POA restricts authority to specific tasks or timelines.
  • A Continuing POA remains in effect even if the grantor becomes mentally incapable.
  • A Non-continuing POA ceases to be valid if the grantor becomes incapable.

Limited POAs are usually non-continuing, since they are intended for defined, short-term purposes. A grantor should limit the powers under a POA if they want the attorney to carry out a specific transaction. In that case, the document should clearly state:

  • What the attorney is allowed to do
  • How long the POA is valid
  • Any restrictions or conditions

Getting the legal help you need

Wills are extremely important documents and relatively inexpensive to have prepared professionally. If you want to make sure your Will is legal and clearly expresses your wishes, you should consult a lawyer. A lawyer can also provide advice and assistance settling an estate.

 







								

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