Power of Attorney

Our Ontario power of attorney lawyers can help you with complex estate arrangements including the establishment of power of attorney agreements, powers of attorney for property and for personal care.

Our lawyers are ready to help you with your Ontario matter.

The term “Power of Attorney” refers to a legal document that allows a person (the “Attorney”) to lawfully handle the financial, health and legal affairs of another adult. The range of powers and duties of Attorneys can be very specific (e.g. cashing old age security pensions, selling a certain piece of real property) to the general (e.g. managing an individual’s finances).

In all cases, the person that is given enduring power of attorney in Ontario should be trustworthy and have good judgment. Most often, it is a trusted family member who is appointed. However, an individual is able to appoint a trust company or other professional individual to take on that role. An individual is prohibited from appointing anyone who receives money in exchange for providing them with health care or who is employed at a facility through which the individual receives health care (with some exceptions for certain family members).

An Attorney owes a fiduciary duty to the individual on whose behalf they are acting. All of the duties required of an Attorney can be found in Ontario legislation, but generally an Attorney is required to act in the best interest of the adult who appointed them, not to dispose of any property that the attorney knows is gifted in the adult’s Will, and to keep proper records of the adult’s assets and liabilities. The tasks can include:

  • Paying expenses incurred by the individual
  • Managing the individual’s banking
  • Handling the individual’s property
  • Budgeting for the individual’s family
  • Managing or selling the individual’s personal property
  • Operating the individual’s business
  • Entering into contracts for the individual
  • Filing the individual’s tax returns
  • Making medical decisions for the individual
  • Deciding where the individual should live
  • Making end of life decisions if the individual is in a state where they cannot do so themselves.

Please contact one of our Ontario and Toronto power of attorney lawyers today at 416-847-1859.

Contact Us

To find out how we can help you, call our office directly at 416-847-1859 or use the contact form located below. We look forward to hearing from you.

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