Powers of Attorney Services (Ontario)
Clearly Define Your Personal and Financial Decision-Making
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Why Do You Need a Power of Attorney in Ontario?
At Marlaw, we assist individuals in preparing their Powers of Attorney to protect their legal, financial, and personal care decisions in the event of incapacity or illness.
A properly drafted Power of Attorney (POA) ensures that someone you trust can make important decisions on your behalf if you become unable to do so yourself.
We offer clear advice and customized POAs tailored to your personal and family situation.
We help you prepare two types of Powers of Attorney commonly used in Ontario
Types of Powers of Attorney
Continuing Power of Attorney for Property
- This document allows you to appoint someone (called your “attorney”) to manage your financial affairs if you become mentally incapable or if you simply wish to give authority to someone you trust to assist you with your property and financial matters.
- It covers decisions such as banking, paying bills, managing investments, selling real estate, and handling business dealings.
- It can take effect immediately or only if you lose capacity, depending on your preference.
- It continues even after you become mentally incapable — which is why it is called “continuing.”
Power of Attorney for Personal Care
- This document allows you to appoint someone to make decisions about your health care, housing, medical treatments, and personal care if you become incapable of making those decisions yourself.
- It ensures that your wishes are respected regarding treatments, living arrangements, end-of-life care, and more.
- You can include specific instructions about your care preferences, such as religious beliefs, treatments you want to refuse, or organ donation wishes.
- This document allows you to appoint someone to make decisions about your health care, housing, medical treatments, and personal care if you become incapable of making those decisions yourself.
What Happens If You Don’t Have a Power of Attorney?
If you become mentally incapable and do not have a valid Power of Attorney in place, no one automatically has the legal authority to manage your financial affairs or make personal care decisions on your behalf — not even your spouse, children, or closest family members. In that case, your family (or someone else) would need to apply to the Ontario Superior Court of Justice to be appointed as your guardian for property and/or personal care. This process is called a guardianship application, and it can be time-consuming, expensive, and stressful, involving court paperwork, medical evidence, and potentially contested proceedings.
10-mintues of free consultation
Why Should You Prepare a Power of Attorney in Advance ?
Having Powers of Attorney already prepared avoids the need for guardianship applications. You stay in control by deciding in advance who you trust to act for you and what authority they will have. Powers of Attorney help in several key ways:
● They let you choose who you trust to make decisions for you, instead of leaving it to a government appointment.
● They prevent delays and costly court processes if you lose capacity.
● They give peace of mind to you and your loved ones, knowing that your affairs can be managed smoothly.
● They allow you to clearly express your wishes and ensure your values are respected.
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Both Powers of Attorney
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Permitted Additional Disbursements (Cost)
Our fees are inclusive of legal services, office disbursements (couriers, postage, bank fees, photocopies), and registration of the mortgage.
HST, government registration fees, title insurance premiums (if required), and other permitted disbursements are additional.
We provide full fee and disbursement estimates upfront before you retain us.
Frequently Asked Questions
We understand that this process can be confusing and you may have many questions.
Below are some common FAQs that can help guide you.
You should choose someone you trust completely, who is responsible, and ideally who lives nearby (although that’s not required). Many people appoint a spouse, adult child, or close friend
You can choose. It can take effect immediately (even while you are capable, to allow help) or only upon a doctor’s confirmation of incapacity, depending on how you draft it.
Yes. As long as you still have mental capacity, you can revoke or change your Powers of Attorney at any time.
Your family may have to apply to the Ontario Superior Court to be appointed as your guardian, which can be expensive, time-consuming, and stressful.
Powers of Attorney are created under Ontario law. They are generally recognized elsewhere in Canada, but you should always check local rules if you move to another province or country.
Have more questions?
If you have more questions, don’t hesitate to reach out! Our team is here to provide clear answers and guidance tailored to your situation. Contact us today for personalized support!