What is the difference between an ordinary and continuing power of attorney?

An ordinary POA ends automatically if the grantor loses mental capacity. A continuing POA (called an enduring POA in British Columbia and Alberta) expressly states that it remains effective after the grantor becomes incapable and is the type most people need for long-term planning.

Can my spouse act as my attorney?

Yes, you can appoint your spouse, an adult child or any trusted adult as your attorney. Your spouse cannot, however, be a witness to the signing of your POA. It is also wise to name at least one alternate in case your primary attorney becomes unable or unwilling to act.

Does a power of attorney need to be notarised?

No Canadian province requires notarisation of a POA for property or personal care. Two adult witnesses (excluding disqualified persons) are the standard requirement. Notarisation may still be helpful if the POA will be used abroad or in another province to satisfy local requirements.

When does the power of attorney come into effect?

You can decide. It can take effect immediately on signing, or be “springing” and take effect only on a future event — typically a doctor’s written assessment that you lack the capacity to manage your own property.

Can I cancel a power of attorney?

Yes. As long as you have capacity, you can revoke a POA at any time by a signed written revocation. You should also tell the attorney and any bank or institution that was relying on the POA, and ideally take back the original document.

Does a POA cover medical decisions?

Only if it is specifically a POA for personal care. In Ontario this is governed by section 46 of the Substitute Decisions Act; in British Columbia, health decisions are handled separately through a representation agreement under the Representation Agreement Act.

Will the bank accept this template?

Canadian banks generally accept a properly executed POA, but some require their own internal form or a review by their legal department before acting. Talk to the grantor's Canadian bank in advance to avoid delays when the POA needs to be used across Canadian financial institutions.

Can I appoint more than one attorney?

Yes. You can appoint multiple attorneys to act jointly (all must agree), jointly and severally (each can act alone) or by majority. Joint appointments add a safeguard, while joint-and-several appointments add flexibility if one attorney is unavailable.

LegalCanada

Power of Attorney Template

A power of attorney lets you appoint a trusted person to make financial, legal or personal care decisions on your behalf if you are unable to make them yourself. Our free Canadian template is drafted to meet the requirements of the Substitute Decisions Act (Ontario), the Power of Attorney Act (British Columbia) and the Powers of Attorney Act (Alberta).

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CONTINUING POWER OF ATTORNEY FOR PROPERTY

Province Of Ontario, Canada

GRANTOR (PRINCIPAL)

Margaret A. Chen

123 Maple Drive, Ottawa, ON K1A 0B1

ATTORNEY / AGENT

Robert K. Chen

456 Parliament Hill Road, Ottawa, ON K1A 0C2

Effective: April 1, 2026

Continuing Power of Attorney for Property

I, Margaret A. Chen, of 123 Maple Drive, Ottawa, ON K1A 0B1, being of sound mind and understanding, do hereby appoint Robert K. Chen, of 456 Parliament Hill Road, Ottawa, ON K1A 0C2, my Son, as my Attorney (hereinafter the "Attorney") to act on my behalf in accordance with the terms set out below and the Substitute Decisions Act, 1992 (Ontario), S.O. 1992, c. 30, s. 7.

TYPE AND SCOPE

This is an Continuing Power of Attorney for Property made pursuant to the Substitute Decisions Act, 1992 (Ontario), S.O. 1992, c. 30, s. 7. This Power of Attorney shall continue to be effective and shall not be revoked or invalidated by my subsequent mental incapacity.

POWERS GRANTED

I hereby grant my Attorney the following specific powers: (a) manage bank accounts, make deposits and withdrawals, pay bills, and manage investments and securities on my behalf; (b) buy, sell, lease, mortgage, encumber, or otherwise deal with real property on my behalf; (c) file tax returns with the Canada Revenue Agency, manage tax disputes and reassessments, and deal with all matters before the CRA on my behalf; (d) manage insurance policies, file and settle claims, and collect insurance benefits on my behalf; (e) apply for and manage Canada Pension Plan (CPP), Old Age Security (OAS), Guaranteed Income Supplement (GIS), and other government benefits on my behalf.

LIMITATIONS AND RESTRICTIONS

The Attorney shall act in my best interests at all times, shall keep accurate records of all transactions made on my behalf, and shall not benefit personally from acting as my Attorney except with my written consent. The Attorney shall not enter into any single transaction exceeding 25,000.00 CAD without obtaining written approval from my successor agent or a designated family member.

SUCCESSOR AGENT

If my Attorney is unable or unwilling to act, or ceases to be my Attorney for any reason, I appoint Linda M. Chen, of 789 Rideau Street, Ottawa, ON K1N 5Y3, as my successor Attorney, with the same powers and authority granted herein. The successor Attorney shall notify me (or my estate) of their acceptance of appointment in writing.

DURATION

This Power of Attorney shall take effect on April 1, 2026 and shall remain in effect until revoked in writing by me, or until my death, whichever occurs first. This Power of Attorney shall survive my subsequent mental incapacity in accordance with the applicable legislation.

REVOCATION

I reserve the right to revoke this Power of Attorney at any time while I am mentally capable by providing written notice of revocation to the Attorney and to any third parties who may have relied on this document. Upon revocation, the Attorney shall immediately cease to exercise any powers granted herein and shall return all documents, records, and property in their possession belonging to me.

GOVERNING LAW

This Power of Attorney shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, including the Substitute Decisions Act, 1992 (Ontario), S.O. 1992, c. 30, s. 7. Any dispute arising under or relating to this Power of Attorney shall be subject to the jurisdiction of the courts of the Province of Ontario.

WITNESS AND EXECUTION

This Power of Attorney has been executed in the presence of two (2) witnesses, neither of whom is the named Attorney, the Attorney's spouse or partner, or a person who will receive a benefit under this document. The witnesses confirm that the Grantor appeared to be of sound mind and capacity at the time of signing and signed this document voluntarily and without undue influence. The witnessing requirements are set out in the Substitute Decisions Act, 1992 (Ontario), S.O. 1992, c. 30, s. 7.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.

GRANTOR (PRINCIPAL)

Margaret A. Chen

Date: ____________________

ATTORNEY / AGENT

Robert K. Chen

Date: ____________________

What Is a Power of Attorney?

A power of attorney (POA) is a legal document in which one adult (the grantor or donor) authorises another adult (the attorney or attorney-in-fact) to act on their behalf. Canadian POAs generally split into two categories: powers over property and finances, and powers over personal care or health decisions. The same person can hold both, or they can be split between different attorneys.

In Ontario, the Substitute Decisions Act, 1992, S.O. 1992, c. 30 is the governing statute. Section 7 deals with continuing powers of attorney for property — which continue to have effect after the grantor loses capacity — and section 46 deals with powers of attorney for personal care. British Columbia uses the Power of Attorney Act, R.S.B.C. 1996, c. 370 (property) together with representation agreements for health and personal matters, while Alberta uses the Powers of Attorney Act, R.S.A. 2000, c. P-20 for enduring POAs.

A POA is an everyday planning document, not just a document for the frail elderly. Canadians use them when travelling for long periods, managing property from abroad, running a business, or simply preparing for the possibility of future incapacity. A well-drafted POA prevents family members from having to apply to court to be appointed guardian if something goes wrong.

What's Covered in This Template

Our power of attorney template captures the appointment, authority and safeguards a Canadian grantor typically wants in place.

Grantor Identification

Full legal name, date of birth and Canadian address of the person granting the power.

Attorney Appointment

Primary attorney and one or more alternates with full contact details.

Scope of Authority

General (all property) or specific (named assets, named transactions) authority selected by the grantor.

Continuing / Enduring Clause

Express language that the POA continues to be effective if the grantor becomes mentally incapable.

Effective Date

Immediate effect on signing, or a springing POA triggered by a doctor’s assessment of incapacity.

Joint vs Several Attorneys

Whether multiple attorneys must act together, by majority, or each acting alone.

Compensation

Whether the attorney may take compensation in accordance with the Substitute Decisions Act fee schedule.

Restrictions and Conditions

Gifts to family, loans, or specific property excluded from the attorney’s authority.

Revocation Clause

Express revocation of any prior POAs and the mechanism for revoking this one.

Execution and Witnessing

Signature and two-witness block complying with section 10 (property) or section 48 (personal care) of the Substitute Decisions Act.

How to Create a Power of Attorney

Follow these steps to produce a valid Canadian power of attorney from our template.

1
Decide the Type
Choose whether you need a continuing POA for property, a POA for personal care, or both.
2
Pick Your Attorney and Alternates
Select a primary attorney you trust completely and at least one alternate in case the primary cannot act.
3
Scope the Authority
Decide whether the attorney can deal with all property or only named assets, and whether any restrictions apply.
4
Complete the Template
Enter legal names, addresses and any conditions or compensation instructions you want to include.
5
Sign With Two Witnesses
Sign in the presence of two adult witnesses who are not your spouse, attorney, attorney’s spouse or anyone whose property is under guardianship.

Legal Considerations

Powers of attorney are governed by provincial legislation with subtle but important differences in execution and capacity.

This template is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer in your province for advice specific to your situation.

Reviewed for Canadian law

Capacity and Age Requirements

In Ontario, a grantor must be at least 18 to make a continuing POA for property under section 8 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30, and at least 16 for a POA for personal care under section 47. Witnesses must also be 18 or older. The grantor must have the mental capacity required by the statute at the time of signing, which for property includes an understanding of the nature and extent of their assets.

Continuing and Enduring Powers

An ordinary POA ends automatically if the grantor becomes mentally incapable. A “continuing” POA (Ontario) or “enduring” POA (British Columbia, Alberta) expressly states that the power continues despite incapacity and is essential for long-term planning. Section 7(1) of the Ontario Substitute Decisions Act, section 13 of the BC Power of Attorney Act and section 2 of the Alberta Powers of Attorney Act all govern this durability.

Witnessing Rules

Ontario, British Columbia and Alberta all require two adult witnesses for a property POA and prohibit certain people — typically the attorney, the attorney’s spouse, the grantor’s spouse and anyone under 18 — from acting as witnesses. Using a disqualified witness can invalidate the document or lead to later challenges, so follow the prescribed form carefully.

Duties and Accountability of the Attorney

Attorneys owe fiduciary duties to the grantor. Under sections 32–33 of the Ontario Substitute Decisions Act they must act honestly, in good faith and in the grantor’s best interests, keep accounts and avoid conflicts of interest. A court may require the attorney to pass their accounts, and attorneys can be removed or held personally liable for misuse of funds.

Frequently Asked Questions

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