A Power of Attorney (POA) is a legal document that lets someone you trust make financial or health care decisions on your behalf. This person, your attorney, does not need to be a lawyer. In Ontario, there are two different types of powers of attorney: personal care and property (Limited and Continuing). Each power of attorney requires a separate document as it covers a different area of your life.

Personal Care

An Attorney for Personal Care can make decisions on your behalf about your:

• Health care
• Living arrangements
• Personal life (e.g. meals, safety, clothing)

To make a Power of Attorney for Personal Care, you must be mentally capable and at least 16 years old.

Property

An Attorney for Property can manage and make decisions on your behalf about your financial affairs, including:

• Paying your bills
• Maintaining, renting, or selling your home
• Managing your investment
• Collecting money that is owed to you

To make a Power of Attorney for Property, you must be mentally capable and at least 18 years old.

Key differences

A Power of Attorney for Property can take effect immediately or only once you become incapable, depending on how you set it up. Whereas a Power of Attorney for Personal Care only takes effect once you become mentally incapable.

If you do not have a Power of Attorney for Property, your family, even your spouse, cannot automatically step in to manage your finances. They would likely have to go to court to be appointed as your guardian. However, if you do not have a Power of Attorney for Personal Care, your family may be able to make some decisions on your behalf, but not all of them.

Create your Power of Attorney

Planning for the unexpected can be stressful but having a Power of Attorney for Personal Care and Power of Attorney for Property helps make sure your wishes are followed and someone can handle your affairs if you’re unable to. It also reduces stress and uncertainty for your family. Create your Powers of Attorney quickly and affordably with Legal Line Documents. Without one, important decisions can be delayed when they’re needed most.

								
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