Power of Attorney in Ontario: What Happens in Case of Incapacity? from princetonevnas's blog

When it comes to planning for the future, having a Power of Attorney Ontariois essential. In Ontario, a Power of Attorney is a legal document that gives someone else the authority to make decisions on your behalf if you are unable to do so yourself. But what happens if you become incapacitated and can no longer make decisions? This is where understanding the role and responsibilities of a Power of Attorney becomes crucial. 

What is a Powerof Attorney? 

A Power of Attorney is a legal document that allows you to appoint someone else to make decisions on your behalf. There are two main types of Power of Attorney in Ontario: 

Power of Attorney for Property: This document authorizes someone to make financial decisions for you, such as managing your bank accounts, paying bills, and overseeing your investments. 
 
Power of Attorney for Personal Care: This document gives someone the authority to make decisions about your healthcare, housing, and other personal matters. 
It is important to choose someone you trust to act as your Power of Attorney, as they will be making important decisions on your behalf. 
 
 

What Happens in Case of Incapacity? 

If you become incapacitated and are unable to make decisions for yourself, your appointed Power of Attorney will step in to make decisions on your behalf. This is why it is crucial to have a Power of Attorney in place before you become incapacitated, as it allows you to choose who you want to make decisions for you. 
In Ontario, if you do not have a Power of Attorney in place and become incapacitated, someone will need to apply to the court to become your guardian. This process can be lengthy, expensive, and may result in someone being appointed as your guardian who you would not have chosen yourself. 

How to Choose the Right Power of Attorney? 

When choosing a Power of Attorney, it is important to consider someone who is trustworthy, reliable, and capable of making decisions on your behalf. Here are some tips for selecting the right person: 

• Trust: Choose someone who you trust implicitly to act in your best interests. 

• Reliability: Select someone who is responsible and will be able to handle the duties of a Power of Attorney. 

• Communication: Ensure that your Power of Attorney understands your wishes and preferences for your care and finances. 

• Legal Knowledge: Consider appointing someone with legal knowledge or experience in managing finances or healthcare. 
   
   

Why You Should Speak to a Lawyer 

If you have concerns about decisions that have been made by your Power of Attorney, or if you wish to appoint a new Power of Attorney, it is important to speak to a lawyer as soon as possible. A lawyer can help you navigate the legal process, ensure your wishes are followed, and provide valuable guidance on how to protect your interests. 
  

At Derfel Estate Law in Toronto, we specialize in estate disputes and can assist with all aspects of Power of Attorney matters. Whether you are looking to appoint a Power of Attorney, have concerns about an existing Power of Attorney, or need to make changes to your estate plan, our experienced team is here to help.