The Ultimate Guide to Power of Attorney in Ontario

Table of Contents

• Overview
• Invoking a Power of Attorney in Ontario
• Is a Power of Attorney Valid in Ontario?
• How to Obtain Power of Attorney in Ontario if the Person is Incapacitated
• Conclusion

Overview

A power of attorney is a legal document that allows you to appoint someone else to manage your affairs or make decisions on your behalf. The person you appoint is called your attorney, or your attorney-in-fact. In Ontario, you can invoke the power of attorney in several ways, and the document is legally binding if it is properly drafted, signed and witnessed.

Invoking a Power of Attorney in Ontario

In Ontario, you can invoke a power of attorney by either having it signed and witnessed, or having it registered with the Office of the Public Guardian and Trustee (OPGT). If you choose to have it signed and witnessed, it must be signed and witnessed by two witnesses, who must be over the age of 18 and not a beneficiary of the power of attorney. Once the power of attorney is signed and witnessed, it is legally binding.

If you choose to register the power of attorney, the document must be sent to the OPGT, along with a registration fee, for it to be registered. The OPGT will then review the document and determine whether or not it is legally binding. Once the power of attorney is registered, it is legally binding.

Is a Power of Attorney Valid in Ontario?

A power of attorney is legally binding in Ontario if it is properly drafted, signed and witnessed, or registered with the OPGT. The power of attorney must also meet certain requirements and be in accordance with the legal requirements in Ontario. For example, the document must clearly state the responsibilities of the attorney, and must specify what powers the attorney has. If any of these requirements are not met, the document may not be legally binding.

How to Obtain Power of Attorney in Ontario if the Person is Incapacitated

If the person who needs a power of attorney is unable to sign it due to being incapacitated, the power of attorney must be obtained through the court system. This is known as a “guardianship” application and involves an application to the court for approval of a guardian for the person who is unable to sign the power of attorney. The court will then assess the person’s incapacity and determine whether the guardian is suitable to act on behalf of the person.

Conclusion

In Ontario, you can invoke a power of attorney by having it signed and witnessed, or by having it registered with the Office of the Public Guardian and Trustee. The document must meet certain requirements and be in accordance with the legal requirements in Ontario for it to be legally binding. If the person who needs a power of attorney is unable to sign it due to being incapacitated, the power of attorney must be obtained through the court system.