Estate Planning

Power of Attorney

Plan for the unexpected by choosing who can make financial and personal care decisions if you cannot.

Why Powers of Attorney Matter

A Power of Attorney (POA) lets you appoint someone you trust to make important decisions on your behalf if you become unable to do so. Without a POA, your loved ones may need to apply to court or the Office of the Public Guardian and Trustee — costly, time‑consuming, and stressful.

At GC Legal Support, we prepare customized POAs so your wishes are respected, no matter what the future holds.

Substitute Decisions Act, 1992 (Ontario)

Continuing Power of Attorney for Property
  • Manage finances: banking, investments, real estate, bills, taxes.
  • “Continuing” — stays valid even if you become mentally incapable.
Power of Attorney for Personal Care
  • Health, housing, food, clothing, hygiene, and safety decisions when you cannot decide.
  • Includes medical treatment, long‑term care, and end‑of‑life wishes.

What Each Power of Attorney Covers

Continuing POA for Property

  • Pay bills & manage accounts
  • Collect pensions or income
  • Sell/lease/refinance property
  • Manage investments, businesses, debts
  • File tax returns

POA for Personal Care

  • Choose where you live (home, retirement, long‑term care)
  • Decide on treatments, surgery, medications
  • Consent to or refuse life‑sustaining treatment
  • Daily routines: diet, hygiene, safety

Who Can Be Your Attorney?

Property: 18+ Personal Care: 16+
  1. Trust — choose someone you trust completely; they’ll have significant authority.
  2. One or many — appoint more than one attorney; decide if they act jointly or individually.

Safeguards and Limits

Duties — Attorneys must act in your best interests and follow the SDA.
Scope — You can restrict or expand powers in the document.
Checks — Abuse of power can be challenged in court. POAs end at death (your Will then governs).

How We Can Help

✓ Drafting POAs tailored to your situation.
✓ Advice on scope & safeguards to prevent misuse.
✓ Updating POAs when circumstances change.
✓ Litigation support for disputes or misuse.
✓ Estate planning packages: Wills + POAs.

Frequently Asked Questions

1. Do I need both types of POA?

Yes. One covers finances (property), the other covers health and personal care. Together they provide full protection.

2. Does a POA give someone power after I die?

No. POAs end at death. Your Will then governs your estate.

3. Can I revoke or change my POA?

Yes, if you have legal capacity. Sign a new POA or revoke the old one in writing.

4. Should my attorney be a family member?

Not necessarily. Many choose a spouse or adult child, but a trusted friend or professional advisor is also fine.

5. What happens if I don’t have a POA?

Your family may need to apply to the court or the Public Guardian and Trustee to manage your affairs, which is costly and slow.

6. Do POAs need to be notarized?

No, but they must be signed and witnessed properly. Using a lawyer reduces risk of disputes.

A Power of Attorney is essential to every estate plan. Ensure your financial and health decisions are made by someone you trust.

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