Power of Attorney

Wills and Estates

Power of Attorney

At Tannahill Lockart & Clark we have significant experience and knowledge about Power of Attorney.  We provide our clients with the legal counsel and guidance to appoint Powers of Attorney and to draft and execute on the legal requirements and documentation required by law.

Power of Attorney

A Power of Attorney is a legal document in which you give someone you trust (called your “attorney”) the right to make decisions for you if something happens and you are no longer able to look after matters on your own.

There are two types of Power of Attorney:

  • Power of Attorney for Personal Care– the person you name can make decisions about your health care, housing and other aspects of your personal life (such as meals and clothing) if you become mentally incapable of making these decisions.
  • Power of Attorney for Property– the person you name can make decisions about your financial affairs (including paying your bills, collecting money owed to you, maintaining or selling your house, or managing your investments).

You don’t have to create a Power of Attorney. But if something happens to you and you don’t have one, other arrangements will have to be made. A family member may have the right to make certain personal care decisions and can apply to become the guardian of your property. Alternatively, someone else — like a close friend — could apply to the court to be authorized to act for you.

If no suitable person is available, the government may have to step in, through the Office of the Public Guardian and Trustee.

Source: Ministry of the Attorney-General Ontario

For More Information on “Power of Attorney” visit Justice Ontario:
https://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/incapacity/poa.php

Visit our page on Frequently Asked Questions — Power of Attorney FAQs