Acting as Attorney for Property in Ontario: Duties and Records

Published October 6, 2026 · Meysami Law Professional Corp. · Ottawa

Being named in a continuing power of attorney for property is not the same as receiving the grantor's money. The attorney acts under the authority and restrictions in the document and Ontario law. Detailed records matter because the attorney may need to explain transactions to the grantor, family members entitled to information, a replacement decision-maker or a court.

Read the document before using it

Confirm that the power of attorney is valid, whether it is continuing, when the authority begins, whether attorneys must act jointly, and what restrictions or instructions apply. An attorney cannot use the document to make a will for the grantor. A bank, land registry, pension administrator or other institution may require its own review before accepting the authority.

Understand the heightened duties when the grantor is incapable

Under section 38 of Ontario's Substitute Decisions Act, most of the statutory duties that apply to a guardian of property also apply, with necessary modifications, to an attorney under a continuing power of attorney when the grantor is incapable or the attorney reasonably believes the grantor is incapable. Those duties include acting diligently, honestly, with integrity and in good faith for the incapable person's benefit.

Create an opening inventory and transaction log

Ontario Regulation 100/96 requires records that include a list of the person's assets at the date of the first transaction, an ongoing record of assets acquired or disposed of, money received, money paid, investments, liabilities and compensation taken. Each entry should identify the date, amount, source or recipient and reason. Keep the source documents that support the entry.

Keep the person's property traceable

Use accounts and filing systems that make the grantor's property and transactions easy to identify. Preserve bank statements, invoices, receipts, tax records, investment confirmations, contracts and correspondence. Avoid undocumented cash transactions and do not treat the grantor's account as a shared household fund. If reimbursement is appropriate, record the expense, purpose and proof.

Document judgment, not only arithmetic

A complete file should explain why a significant transaction was undertaken, how it complied with the power of attorney, what alternatives were considered and who was consulted. Record changes in the grantor's needs, benefits, housing, dependants, debts and investments. Where the decision presents a conflict, gift, loan, unusual transfer or compensation issue, obtain legal advice before acting.

Plan for requests, succession and the end of authority

Ontario law and the power of attorney may require information or accounts to be provided to specified people, and a court can review accounts in appropriate circumstances. Maintain records from the first transaction rather than reconstructing them later. If the attorney resigns, loses authority or the grantor dies, stop relying on the power of attorney and arrange an orderly transfer to the person legally entitled to act.

This article is general information as of October 6, 2026, not legal, tax or financial advice. Rules and circumstances can change. Contacting the firm does not create a lawyer-client relationship.