Frequently asked questions
Where can I get a Power of Attorney or "living will" forms? Click for answer
You can get your lawyer to draft the forms for you. Alternatively, the forms are available for sale at most bookstores and can be found online as well. The Office of the Public Guardian and Trustee also provide these forms.
They can be requested by calling toll free 1-800-267-8097. Visit the Office of the Public Guardian and Trustee website for a copy of the form online.
Source: The information above was compiled with permission from The Office of the Public Guardian and Trustee (2010). Powers of Attorney and "Living Wills": Questions and Answers. Ontario, Canada: (c) Queen's Printer for Ontario.
Should I bring someone with me when I visit the lawyer? Click for answer
Yes. It is a good idea to bring someone who can help you to understand the information you get and take notes for you during the meeting.
Source: The information above was compiled with permission from The Office of the Public Guardian and Trustee (2010). Powers of Attorney and "Living Wills": Questions and Answers. Ontario, Canada: (c) Queen's Printer for Ontario.
Can I name anyone as my Power of Attorney? Click for answer
You cannot name someone who is under 16, mentally incapable and or someone who provides you with paid services, such as health care, social, support, or training services.
Source: The information above was compiled with permission from The Office of the Public Guardian and Trustee (2010). Powers of Attorney and "Living Wills": Questions and Answers. Ontario, Canada: (c) Queen's Printer for Ontario.
Can I name more than one Power of Attorney? Click for answer
Yes, but your attorney(s) will need to agree before any decisions can be made on your behalf. In some cases your attorney(s) can act jointly and severally, or independently. Speak with your lawyer about this option.
Source: The information above was compiled with permission from The Office of the Public Guardian and Trustee (2010). Powers of Attorney and "Living Wills": Questions and Answers. Ontario, Canada: (c) Queen's Printer for Ontario.
Do I need witnesses to sign a Power of Attorney? Click for answer
Yes. The law states that you need two witnesses.
Source: The information above was compiled with permission from The Office of the Public Guardian and Trustee (2010). Powers of Attorney and "Living Wills": Questions and Answers. Ontario, Canada: (c) Queen's Printer for Ontario.
What if my Power of Attorney cannot or will not act for me when the time comes? Click for answer
Do I need to be mentally capable when I sign a Power of Attorney? Click for answer
Yes. You must be mentally capable.
Source: The information above was compiled with permission from The Office of the Public Guardian and Trustee (2010). Powers of Attorney and "Living Wills": Questions and Answers. Ontario, Canada: (c) Queen's Printer for Ontario.
Can I cancel my Power of Attorney after I have signed it? Click for answer
Yes. If you are mentally capable of making a Power of Attorney you can cancel it.
Source: The information above was compiled with permission from The Office of the Public Guardian and Trustee (2010). Powers of Attorney and "Living Wills": Questions and Answers. Ontario, Canada: (c) Queen's Printer for Ontario.
Helpful links and resources
Legal Shield
Legal services for multiple categories include: Family law and estate planning.
Ontario Seniors' Secretariat
Find information about advance care planning and other issues related to seniors.