Planning ahead - Powers of Attorney and "Living Wills" - Property

Frequently asked questions

What is a Power of Attorney for property (general and continuing)? Click for answer

A General Power of Attorney for Property is a legal document that lets your legal representative manage your finances and property while you are capable of making decisions. This is most often used in business relations, for example, to manage someone's property when they are away.

A Continuing Power of Attorney for Property is a legal document that lets your legal representative manage your finances and property when you are incapable of making decisions.

Source: The information above comes from Community Legal Education Ontario. (October 2010). Power of attorney for property.

When does a continuing Power of Attorney for property take effect? Click for answer

A Continuing Power of Attorney for Property takes effect as soon as it is signed and witnessed. Otherwise, you must indicate in the document that it should not take effect until the time that you become incapable of making decisions.

Source: The information above comes from Community Legal Education Ontario. (October 2010). Power of attorney for property.

How do I choose my Powers of Attorney? Click for answer

Choose someone close to you whom you trust to make decisions about your medical and other aspects of care and whom you have spoken to about your wishes for your Power of Attorney for Personal Care.

Source: The information above comes from Community Legal Education Ontario. (October 2010). Power of attorney for property.

Can the same person who is my Power of Attorney for personal care also be my Power of Attorney for property? Click for answer

You can name the same person as your attorney for both property and personal care, or you can name different people.

Community Legal Education Ontario. (October 2010). Power of attorney for personal care.

Helpful links and resources

Advocacy Centre for the Elderly
A community based legal clinic for low-income senior citizens. Find information about capacity, advance care planning, consent and end of life care.

National Institute for the Care of the Elderly
Find information about the network as well as access different tools like the Capacity and Consent tool.

Office of the Public Guardian and Trustee
Power of Attorney Forms (Personal Care)

Substitute Decisions Act
Provides details about mental incapacity.

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