Continuing Power of Attorney for Property

A Power of Attorney for Property is a legal document that lets someone make decisions about your property. This person is called your attorney for property.

Property includes your money, everything you own, and things you have the right to use, like an apartment you rent or a car you lease.

There are 2 types of Powers of Attorney for Property.

Continuing Power of Attorney for Property

With this type, you and your attorney for property can manage your property while you’re mentally capable. If you later become mentally incapable, your attorney does this on their own.

You’re mentally capable of making a decision about your property when you understand:

• the information you need to make the decision, and
• what could happen if you do or do not make the decision.

General Power of Attorney for Property

With this type, your attorney manages your property only while you’re mentally capable. If you become mentally incapable, your attorney can no longer act for you. You might use this, for example, while you’re sick or on vacation.

What can an attorney for property do?

Unless you limit what your attorney for property can do, they can do almost anything with your property that you can.

For example, your attorney can:

• do your banking and sign cheques
• buy or sell real estate
• pay your rent
• sign a lease or other legal documents
• buy items and services for you like clothing, furniture, and home repairs

They can also be paid a certain amount from your property.

But your attorney can never:

• make or change your will, or
• make a new power of attorney for you.

Can I make a Continuing Power of Attorney for Property?

You must be 18 years of age or older and mentally capable.

You’re mentally capable of making a Continuing Power of Attorney for Property if you know:

• what property you have and roughly what it’s worth,
• if someone depends on you financially and what you need to do for them,
• what power you’re giving your attorney,
• that your attorney must be able to explain what they do with your money and property, and
• that as long as you’re mentally capable, you can cancel your power of attorney.

As well, you must understand that:

• your property could lose value if your attorney does not do their job well, and
• your attorney might act in ways that are not proper, such as using your money for themselves.

Should I make a Continuing Power of Attorney for Property?

Doing this lets you choose who manages your property if you no longer can. Without this type of power of attorney, if you become mentally incapable of managing property, someone may:

• go to court and ask to become your Guardian of Property
• ask a government agency that pays you benefits to let them manage that income for you, such as pensions or income support.

Or the Office of the Public Guardian and Trustee (OPGT) may manage your property if you’re found mentally incapable after:

• a capacity assessment, or
• a doctor’s assessment in a psychiatric facility.

Your spouse, partner, or relative can apply to the OPGT to replace them.

Sometimes, you might still be mentally capable of making a power of attorney.

How do I make a power of attorney?

You can make a power of attorney using:

• a lawyer. This will cost you money but the lawyer will make sure that your power of attorney follows the law.
• CLEO’s Guided Pathways, which are free tools that help you make or cancel a power of attorney. Visit stepstojustice.ca/GP-POA.
• a government form. Call 1-800-891-0504. For TTY, call 1-833-813-5696. Or visit ontario.ca/OPGT.

To make a Continuing Power of Attorney for Property, the document must be called a Continuing Power of Attorney. Or it must say that it lets your attorney act for you if you become mentally incapable.

It usually starts working when you and your witnesses sign it.

For it to start working only if you become mentally incapable, you must say this in your power of attorney. If you do that, a capacity assessor must decide if you’re mentally incapable, unless you name someone else to assess you.

Your attorney could also start managing your property if a doctor finds you incapable while you’re a patient in a psychiatric facility.

Choose your attorney for property

Pick someone you trust to manage your property in the same way that you would. You can choose anyone who’s 18 years of age or older, for example, a family member, friend, or professional like a lawyer or accountant.

You can choose more than one attorney for property. But they must all agree on a decision. To change that you can write in your power of attorney that they can decide together or on their own.

You can also name one or more substitute attorneys. They act if your other attorney or attorneys cannot.

Choose your witnesses

You must have 2 witnesses who see you sign your power of attorney. They must sign it as well and usually need to be with you when you sign.

Your witnesses cannot be:

• your spouse or partner, your child, or someone you treat as your child,
• your attorney or their spouse or partner,
• anyone who’s younger than 18, or
• anyone who has a Guardian of Property, a Statutory Guardian, or a Guardian of the Person.

Your spouse is someone you’re married to.

If you’re not married, they’re your spouse if you live in a relationship that’s like a marriage. And you:

• have lived together for at least one year, or
• have lived together for less than one year and have a child together, or
• have a cohabitation agreement, which is a contract that says how unmarried partners will deal with issues.

Your partner is someone you have been living with for at least one year. And you have a close personal relationship that’s most important to both of you.

When does my Continuing Power of Attorney end?

A Continuing Power of Attorney ends when you die. It also ends when your attorney dies, resigns, or is no longer capable of making decisions about your property for you. This is true unless you have more than one attorney or a substitute.

As well, it ends when:

• a court appoints a Guardian of the Person for you,
• you make a new one while you’re mentally capable, unless the new one says something else, or
• you cancel or revoke it while you’re mentally capable.

Can I cancel my power of attorney?

If you’re mentally capable of making a power of attorney, you can cancel or revoke it. There’s no special form for this. You write what’s called a revocation that says:

“I revoke my Power of Attorney for Property that is dated [month, day, year] effective immediately.”

Sign and witness this as you did your power of attorney.

If you make a new power of attorney, all earlier ones are cancelled. If you do not want this to happen, talk to a lawyer.

Give a copy of the revocation or new power of attorney to anyone who has seen or has a copy of your old power of attorney. Destroy the old one if you can.

Getting legal help if you have a low income

Some community legal clinics can give free advice about powers of attorney or help you make one. To find the clinic nearest you, call 1-800-668-8258. For TTY, call 711. Or visit legalaid.on.ca/legal-clinics.

Pro Bono Ontario can give you 30 minutes of free legal advice. Call 1-855-255-7256. Visit probonoontario.org.

JusticeNet is a non-profit organization that can connect you with a lawyer who charges reduced fees. Visit justicenet.ca.

Some law offices charge lower fees, such as axesslaw.com.

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February 2026