What is a Power of Attorney?

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2025-04-17

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derekanglaw

What is a Power of Attorney and Why Is It Important?

A Power of Attorney (POA) is a legal document that gives someone else the authority to act on your behalf in specific situations. While many people think of it as something only older adults need, it is actually an important planning tool for any adult, especially when preparing for the unexpected.

What Does a Power of Attorney Do?

In Ontario, there are two main types of Powers of Attorney:

  1. Power of Attorney for Property
    This lets someone manage your financial affairs. That can include paying bills, handling real estate transactions, managing investments, or filing taxes.
  2. Power of Attorney for Personal Care
    This allows someone to make decisions about your health care and personal well-being if you’re unable to make those decisions yourself. This could involve decisions about medical treatment, housing, or even day-to-day care.

Both types of POAs must be made while you are mentally capable of understanding what the documents mean. Once you lose capacity, it’s too late to create them—and that’s why it’s important to prepare them early.

Why Should You Have One?

Without a POA, no one has the automatic right to make decisions for you—not even your spouse or adult children. If something happens and you become mentally incapable (for example, due to illness or injury), your loved ones may need to go to court to be appointed as your guardian. That process can be time-consuming, costly, and stressful.

Having a POA in place:

  • Gives you control over who makes decisions for you
  • Avoids court involvement and delays
  • Protects your interests in the event of incapacity
  • Gives peace of mind to your family

How We Can Help

At Ang Law Professional Corporation, we work with clients to draft POAs that are legally sound and tailored to their needs. We explain your options clearly and help ensure the people you appoint understand their responsibilities.

We can assist with this process in person or remotely, so it’s convenient no matter where you are in Ontario.

If you have questions about creating a Power of Attorney or want to include it as part of your estate plan, reach out to us and we will be happy to help.

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