A will only speaks after you die. A power of attorney speaks while you are alive but can’t make your own decisions, for example after an accident or a serious illness. Ontario uses two different documents for this, and many people only have one, or neither.

Continuing power of attorney for property

This covers your money and property: bank accounts, investments, paying bills, filing taxes, and dealing with real estate. “Continuing” means it keeps working if you lose mental capacity, which is exactly when it is needed.

It can take effect as soon as it is signed or only when you can no longer manage your affairs, depending on how it is written. If you own a business, it should also let your attorney deal with your shares, for example to vote them at a meeting.

Power of attorney for personal care

This covers decisions about you rather than your property: health care, medical treatment, housing, nutrition, and safety. It only applies when you can’t make the decision yourself. You can also write down your wishes in it, which helps the person you name and your doctors.

Same person, or different people?

You can name the same person for both, or different people. Some clients choose the family member who is best with money for property and the one who lives closest for personal care. You can also name more than one attorney and say whether they must act together or can act separately, and name a backup.

Choose people you trust who are willing to do it, and tell them where the documents are.

What happens if you have neither

Without a power of attorney for property, your family may have to apply to the court, or to the Office of the Public Guardian and Trustee, before anyone can manage your finances. That takes time and money at a hard moment. For personal care, health care providers generally turn to a list of relatives set out in Ontario law, which may not be the person you would have chosen.

Signing them correctly

Each document needs to be signed in front of two witnesses, and some people, such as your spouse or your children, can’t act as witnesses. Ontario generally allows witnessing by video when one witness is a lawyer or paralegal, which is how many of our clients sign.

We usually prepare both powers of attorney together with your will, so all three fit. Your first consultation takes 30 minutes, by video or in person.

This article is general information about Ontario law, not legal advice for your situation. Laws change; it reflects our understanding as of October 6, 2026.