Power of Attorney

Power of Attorney in North York

Both Ontario POA Types, Prepared by a Full-Service Legal Team

A power of attorney is a legal document in which you authorize another person to make decisions on your behalf. In Ontario, two distinct types exist: a continuing power of attorney for property, which covers financial and legal affairs, and a power of attorney for personal care, which covers health and personal decisions. Both must be created while you still have legal capacity. Once capacity is lost, neither document can be made. At BSG LLP, we prepare both types for clients in North York and throughout the Greater Toronto Area as part of our established estate planning practice.

Our team offers a complimentary 30-minute consultation, available in person or virtually. To speak with a power of attorney lawyer in North York, call (416) 966-6329 or reach us through our online form.

The Two Ontario Power of Attorney Types

We assist clients in preparing both Ontario POA types, and understanding the difference between them matters before you decide how to structure your documents.

Continuing Power of Attorney for Property
This document authorizes your chosen attorney to manage financial and legal affairs: paying bills, managing investments, handling real estate transactions, and more. It takes effect as soon as it is signed unless you specify a later trigger condition, and it remains valid even if you become mentally incapable. A non-continuing (general) power of attorney for property, by contrast, ends the moment incapacity occurs and is typically used for short-term situations such as travel or a single transaction.

Power of Attorney for Personal Care
This document authorizes your attorney to make decisions about medical treatment, living arrangements, nutrition, hygiene, and support services. Unlike the property POA, it takes effect only when you are mentally incapable of making those decisions yourself. You can appoint the same person for both roles or different people, depending on their strengths and your circumstances. Either way, the scope of authority is limited to what the document grants, and conditions or restrictions can be built in.

What Happens Without a Power of Attorney

Without a valid POA, family members don’t have automatic authority to manage your finances or make healthcare decisions on your behalf. Banks, healthcare providers, and government bodies may not accept instructions from family members who lack proper legal authority, regardless of how close the relationship is.

If incapacity occurs without a POA in place, the family may need to apply to court for a guardianship order under Ontario’s Substitute Decisions Act. That process can take weeks or months and involves ongoing court oversight once granted. A power of attorney lets you choose your own substitute decision-maker and define their authority in advance, rather than leaving those decisions to a court. Proactive planning can also reduce the risk of family disagreement about who should have the right to act on your behalf.

Power of Attorney Planning Through BSG LLP

BSG LLP is a full-service firm with practices spanning estate planning, real estate law, business and commercial law, and family law. When a power of attorney matter connects to related legal needs, we can address those needs with the same team rather than requiring you to coordinate across multiple firms. That integration is part of what sets our approach apart from a standalone document preparation service.

Our team of five lawyers, including Managing Partner Andro George, Partners Kiro Soliman and Samuel Beshay, Senior Associate Umar Khan, and Barrister and Solicitor Mina Ibrahim, brings over 15 years of combined legal experience to each client matter. We take time to understand your circumstances before recommending a structure, and we tailor every document to your situation rather than applying a standard template. Consultations are available in person or virtually for clients across North York and the Greater Toronto Area, including Richmond Hill.

Start Your Power of Attorney in North York

Planning your power of attorney now means the decision stays yours. Virtual appointments are available for your convenience.

To connect with a power of attorney lawyer serving North York and the GTA, call (416) 966-6329 or submit our online contact form. BSG LLP offers a complimentary 30-minute consultation and can help you move forward.

Choosing Your Attorney Under Ontario Law

The person you appoint as attorney should be someone you trust to act in your best interests and follow your instructions responsibly. Beyond trust, consider whether they understand your values, can manage the powers granted under Ontario’s Substitute Decisions Act, and have the time and availability the role requires.

Common choices include a spouse, adult child, sibling, or close friend, each carrying different practical considerations depending on the person’s relationship to your affairs, geographic availability, and capability. Under the Substitute Decisions Act, an attorney for property must be at least 18 years old and cannot be someone who is bankrupt; an attorney for personal care must be at least 16. You should also consider whether the person you have in mind has a genuine conflict of interest that could compromise their ability to act in your interest.

You can appoint one attorney or multiple people. When multiple attorneys are appointed jointly, they must act together on every decision. When appointed jointly and severally, each can act independently or together. These structures carry different practical implications and are worth discussing carefully before the document is drafted.

When to Review or Revoke a Power of Attorney

A power of attorney doesn’t expire automatically. It remains valid until you revoke it, until the named attorney becomes unavailable, or until a specific end date written into the document is reached. Because circumstances change, the document should be reviewed periodically.

Events that should prompt a review include marriage or separation, the death or incapacity of your named attorney, a significant change in your health or financial situation, a move to a different province, or a shift in your relationship with the person named. Revocation must be done in writing, and all relevant parties, including the attorney and any institutions relying on the document, should be notified. You can only revoke a POA while you have legal capacity. A POA is also automatically revoked upon death; after that point, the estate is governed by the will or applicable succession laws, not the POA. BSG LLP can assist with revising or revoking existing documents to ensure they remain legally current.

The Process of Preparing Your Documents

We begin with a consultation to understand your circumstances, relationships, and goals before recommending a structure. That conversation shapes everything that follows.

From there, we prepare draft documents for your review, explain each provision in plain language, and make adjustments before execution. Ontario law requires that a continuing power of attorney for property be signed in the presence of two eligible witnesses, and a power of attorney for personal care carries its own witnessing requirements. Certain people, including the attorney named in the document, cannot serve as a witness. Errors in signing or witnessing can render a POA unenforceable, which is why proper execution matters as much as the drafting. We arrange for execution in accordance with Ontario requirements and can also discuss how your POA interacts with your will and other estate planning documents to ensure consistency across your plan.

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