Decide now who speaks for you later.
A power of attorney lets someone you trust handle your finances or health decisions if you become unable to. In Ontario there are two kinds, they need two witnesses, and you don't need a lawyer. Here's how they work.
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In 30 seconds, here's what's true
- Ontario has two powers of attorney: one for property (your money and finances) and one for personal care (your health and personal decisions). They're separate documents.
- A power of attorney for property can start immediately or only when you become incapable, if the document says so. A personal care power of attorney generally starts only when you can't make the decision yourself.
- Both must be signed in front of two witnesses, who also sign. Your attorney, their spouse, your spouse, your child, and anyone under 18 cannot be a witness.
- You don't need a lawyer — Ontario provides free forms and kits. But mistakes, especially with witnesses, can make the document invalid.
- A power of attorney ends when you die. After death, your will and your estate trustee take over — not your attorney.
How the process works
Decide which documents you need
Most people make both: one for property and one for personal care. They cover different decisions, so naming someone for one does not cover the other.
Choose someone you trust
Your attorney for property must be at least 18; for personal care, at least 16. They have a legal duty to act in your best interests and keep records. Pick someone reliable and willing.
Use the free government forms
Ontario provides free power of attorney kits. You can also use CLEO's free guided tool. Decide whether the property power starts now or only on incapacity, and say so clearly.
Sign with two proper witnesses
Sign in front of two eligible witnesses who also sign. Don't use your attorney, their spouse, your spouse, your child, or anyone under 18 — the wrong witness can void it.
Store it and tell the right people
There's no registry. Keep it somewhere accessible and tell the people who'd need it. Start a free PLAIN session if you want to understand your options first.
What to do next
- Decide if you need property, personal care, or both.
- Choose a trustworthy attorney (18+ for property, 16+ for care).
- Get the free Ontario power of attorney forms.
- Decide when the property power takes effect.
- Sign in front of two eligible witnesses who also sign.
- Avoid using family or your attorney as a witness.
- Store it safely and tell the people who'd need it.
- Start a free PLAIN session to understand your options.
Common myths
| Myth | Reality |
|---|---|
| A power of attorney lets someone make decisions after I die. | No. It ends at death. Your will and estate trustee take over from there. |
| My spouse can automatically handle my finances if I'm incapable. | No. There's no automatic spousal authority over property. Without a power of attorney, someone may have to apply to be guardian. |
| A property power of attorney means they can do anything with my money. | No. Your attorney is a fiduciary — they must act in your best interests, keep records, and can be held accountable. |
| I need a lawyer to make a power of attorney. | You don't. Ontario provides free forms. A lawyer can help with complex situations, but it isn't required. |
| Joint bank accounts mean I don't need a power of attorney. | A joint account doesn't cover your other assets or any personal-care decisions. |
| A power of attorney and a will are the same thing. | They're different. A power of attorney works while you're alive; a will takes effect after death. |
| Any friend or relative can witness it. | No. Your attorney, their spouse, your spouse, your child, and anyone under 18 are all disqualified. |
| My attorney for property can also make my health decisions. | Not unless you also named them in a personal care power of attorney. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with a licensed professional.
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