Multiple Attorneys in an Ontario Power of Attorney

Published October 1, 2026 · Meysami Law Professional Corp. · Ottawa

Naming two or more trusted people can provide shared oversight, but it can also create delays or uncertainty if the document does not clearly state how they are to act. Ontario's Substitute Decisions Act sets a default rule for multiple attorneys, while allowing the power of attorney to provide otherwise. The right structure depends on the decisions involved, the people selected and the practical way the document will be used.

Start with Ontario's default rule

For both a continuing power of attorney for property and a power of attorney for personal care, Ontario's Substitute Decisions Act says that two or more named attorneys act jointly unless the document provides otherwise. Joint action generally requires the attorneys to participate in the decision. Do not assume that each person may sign or instruct an institution alone merely because both names appear in the document.

Use precise wording for the intended structure

If the intention is to permit separate action, divide responsibilities or require agreement only for specified decisions, the drafting must communicate that plan accurately and remain consistent with the Act. Informal family understandings are not a substitute for the executed document. A lawyer can discuss wording that fits the grantor's objectives without creating conflicting authority.

Consider the day-to-day practical effect

Joint attorneys may need to coordinate banking, investments, property transactions, care decisions and recordkeeping. Geography, availability, digital access, language and the willingness of institutions or service providers to accept instructions can affect how the arrangement works. Discuss foreseeable urgent decisions and routine tasks before choosing the structure.

Plan for death, incapacity or resignation

The Act contains default rules about what happens when one joint attorney dies, becomes incapable or resigns: the remaining attorney or attorneys may continue unless the power of attorney provides otherwise. The document can also name a substitute. Review the succession plan so that an unexpected vacancy does not leave uncertainty about who can act.

Match the people to the type of authority

The best choice for financial administration may not be the best choice for personal-care decisions. Consider judgment, reliability, recordkeeping, family dynamics, conflicts of interest and the ability to communicate with the grantor and other decision-makers. Ontario also restricts certain paid care or service providers from acting as an attorney for personal care unless they fall within a statutory relationship exception.

Review the whole plan, not one clause

Bring the existing will, powers of attorney, trust or corporate documents and a list of significant assets to the planning meeting. Ask when each document takes effect, what restrictions apply, how accounts will be kept, who receives information and how disputes or deadlock are addressed. Do not circulate sensitive financial or health information through the public website form.

This article is general information as of October 1, 2026, not legal, tax or financial advice. Rules and circumstances can change. Contacting the firm does not create a lawyer-client relationship.