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.
Some banks have their own rules about powers of attorney. Make sure that your bank will accept your Power of Attorney for Property.
If you decide to use a form from the bank, it usually deals with only the money and property you have at that bank. And it might end any earlier power of attorney you have.
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.
Previous page Next page