The two types of power of attorney in Ontario
Ontario has two distinct powers of attorney — they cover different decisions and are governed by different legislation. You can have both, one, or neither.
Type 1
Continuing Power of Attorney for Property
Gives your attorney authority to manage your financial and property affairs — bank accounts, investments, real estate, tax filings, paying bills, managing a business. The word "continuing" means it remains valid if you become mentally incapable (unlike a general POA, which ends on incapacity).
Governed by
Substitute Decisions Act, 1992, Part I
Takes effect
Immediately on signing (unless restricted to incapacity)
Type 2
Power of Attorney for Personal Care
Gives your attorney authority to make decisions about your health care, medical treatment, housing, and personal life if you become mentally incapable of making those decisions yourself. This document only takes effect when you cannot make decisions yourself.
Governed by
Substitute Decisions Act, 1992, Part II
Takes effect
Only when you lack capacity to make personal care decisions
Requirements for a valid power of attorney in Ontario
Under the Substitute Decisions Act, 1992, a valid POA for Property or Personal Care must meet these requirements:
In writing
The POA must be in writing. There is no verbal equivalent — oral instructions do not create a valid power of attorney.
Signed by the grantor
The person granting the power (the grantor) must sign the document — or direct someone to sign in their presence if physically unable.
Two adult witnesses
Two witnesses who are both present at the same time must sign the POA. Both must be 18 or older and must witness the grantor sign.
Prohibited witnesses
The following cannot be witnesses: the attorney named in the document, the attorney's spouse, the grantor's spouse, a child of the grantor, anyone the grantor treats as a child, or a person whose property is under guardianship.
Grantor must have capacity
At the time of signing, the grantor must understand the nature and extent of the document — who is being appointed, what powers are given, and that the attorney may be able to make decisions the grantor would disagree with.
What happens if you become incapacitated without a POA
Without a power of attorney, someone who wants to manage your affairs must apply to the Ontario Superior Court of Justice for a guardianship order. This process:
Takes months
A court guardianship application takes 3–6 months minimum, during which your bank accounts may be frozen and bills may go unpaid.
Costs thousands
Court application fees, legal fees, and ongoing reporting requirements. Guardianship involves annual accountings to the court.
Office of the Public Guardian
If no family member applies, the Office of the Public Guardian and Trustee (OPGT) may become your temporary guardian — a government office managing your finances.
You lose choice
A POA lets you choose who you trust. Guardianship means a court chooses — it may not be who you would have wanted.
Attorney duties under the Substitute Decisions Act
Being someone's attorney is a serious legal responsibility. The Substitute Decisions Act imposes specific duties on attorneys:
Act in the grantor's best interests, not your own
Consult with the grantor wherever reasonably possible (even if they have lost formal capacity)
Keep records of all decisions made on the grantor's behalf
Maintain separate accounts — attorney for property must not mix the grantor's assets with their own
Act consistently with the grantor's previously expressed wishes where known
Apply to the court if uncertain about the scope of authority
Cost of a power of attorney in Ontario in 2026
| Document | Typical Cost |
|---|---|
| Continuing POA for Property (single) | $200–$400 |
| POA for Personal Care (single) | $200–$400 |
| Both POAs (single person) | $350–$700 |
| Will + 2 POAs package (single) | $700–$1,100 |
| Will + 2 POAs package (couple) | $1,100–$1,800 |
| Complex estate planning package | $2,000+ |
For Ontario estate lawyers: drafting POAs with Atticus
Atticus includes AI Draft tools that generate Powers of Attorney compliant with the Substitute Decisions Act, 1992. From a matter record, the AI drafts:
- Continuing Power of Attorney for Property with named attorney(s) and appropriate scope
- Power of Attorney for Personal Care with instructions and known wishes
- Witness attestation clause in correct format
- Custom restrictions or guidance clauses if instructed
Every AI draft is reviewed and approved before it leaves your office. Atticus drafts the structure — you make the professional judgement calls.
Draft powers of attorney in minutes with Atticus AI
Atticus drafts Continuing POAs for Property and POAs for Personal Care grounded in your matter details — Substitute Decisions Act compliant, ready for your review. 14-day free trial.