Estate planning is not only about what happens after death. It is also about what happens if you are alive but unable to make decisions — because of illness, injury, or cognitive decline. Ontario's Substitute Decisions Act provides two key documents for this, and having them in place can spare your family a difficult and expensive court process later.
Continuing power of attorney for property
This document lets you appoint someone (your "attorney," which here means a decision-maker, not a lawyer) to manage your financial affairs — paying bills, managing accounts and investments, and dealing with property. The word "continuing" is important: it means the authority can continue to operate even if you later become mentally incapable of managing your own finances. Without it, if you lose capacity, no one — not even a spouse — automatically has the legal authority to step in, and someone may have to apply to be appointed guardian of property.
Power of attorney for personal care
This document lets you appoint someone to make personal and health-care decisions on your behalf if you become unable to make them yourself — decisions about medical treatment, housing, nutrition, and personal care. You can also express wishes about your care to guide the person you appoint. It works alongside Ontario's health-care consent rules.
The authority these documents grant is significant
Because a power of attorney hands real control over your money or your body to another person, the choice of attorney is one of the most important decisions in an estate plan. Points to consider include:
- Choosing someone trustworthy, capable, and willing to act.
- Whether to appoint more than one person, and if so, whether they must act together or can act separately.
- Naming a substitute in case your first choice cannot act.
- Setting any conditions or limits on the authority.
Formalities and timing
These documents must meet legal requirements to be valid, including capacity to grant them and proper witnessing. And they must be made while you still have capacity — you cannot create a power of attorney after you have already lost the ability to understand it, which is why waiting is risky.
For education only. Formalities matter for validity, and the right structure depends on your circumstances.
This article is general information for educational purposes only and is not legal advice. For advice on your situation, book a consultation.