Choosing a Power of Attorney in Ontario

Published September 24, 2026 · Meysami Law Professional Corp. · Ottawa

In Ontario, a power of attorney is a document that can give another person authority to make specified decisions for you. The person appointed is called an attorney, but does not have to be a lawyer. Choosing someone requires thought about trust, communication, and the tasks they may need to carry out.

Start With the Responsibilities

For property matters, consider whether the person could deal carefully with banking, bills, records, investments, taxes, property, and professional advisers. For personal care, consider whether they would listen to your wishes, communicate with care providers and family, and make difficult decisions when necessary.

The same person does not have to be chosen for both roles. An appointment may also involve more than one person, but the way joint or separate decision-making is written can affect how practical it is to use the document.

Questions to Ask Before Choosing Someone

• Do I trust this person to put my interests first?
• Are they willing and reasonably available to act?
• Can they keep organized records and communicate with others?
• Could personal or financial conflicts affect their decisions?
• Do they understand my values and wishes?
• Would distance, health, or other commitments make the role difficult?

Speak with a prospective attorney before naming them. Explain the responsibility and ask whether they are comfortable taking it on. A person who is an excellent family member may still be unable or unwilling to handle the role.

Consider a Substitute

Think about what happens if the person you choose dies, becomes incapable, declines, or cannot be reached. A lawyer can discuss whether to name a substitute and how the document should address transitions or multiple attorneys.

Discuss Timing, Limits, and Instructions

The authority and timing of a property appointment depend on the wording of the document and Ontario law. You may want to discuss when it can be used, whether any limits are appropriate, how decisions should be recorded, and how the appointed person should consult others.

For personal care, talk about your values and preferences for health care, living arrangements, and daily support. Clear conversations and carefully drafted instructions can help the person understand your wishes, while preserving room to respond to circumstances you cannot predict.

Review Existing Documents and Related Plans

Bring any current powers of attorney, will, beneficiary designations, and relevant family or business documents to a consultation. Changes to one document can affect practical arrangements under another. Do not assume that making a new document automatically resolves every issue under an older one.

If a person is concerned about capacity, coercion, family conflict, or misuse of an existing power of attorney, obtain individualized legal advice promptly. The proper response depends on the facts and documents.

Preparation Checklist for an Ottawa Consultation

• Names and contact information for proposed attorneys and substitutes
• Existing will and powers of attorney
• Overview of assets, debts, and property requiring management
• Family, caregiving, or business circumstances relevant to decisions
• Questions about when authority should begin and how decisions should be made
• Personal-care values and preferences you wish to discuss

This article provides general information only and is not legal or health-care advice. The appropriate document and appointment depend on individual circumstances and Ontario law. Contacting the firm does not create a lawyer-client relationship.