3. Choose your attorney
Question & AnswerHow do I make a Power of Attorney for Property?
Think carefully about who to choose as your attorney. They’ll have a lot of responsibility.
Your attorney should be someone you trust to manage your property in the same way you would. Ask yourself questions like:
- Can I trust them?
- Are they good at handling money?
- Will they care for my dependants in the same way that I would?
- Are they willing and able to be my attorney?
- Will they live longer than me?
- Will they expect to be paid?
Who can be an attorney
You can choose anyone who’s 18 years of age or older. People usually appoint family members or close friends to be their attorney. If you don’t have family or close friends in Canada, you might ask a member of your local community to be your attorney. This could be a co-worker, someone you regularly do business with, or a religious advisor, such as a minister, rabbi, or imam.
It’s usually best to appoint an attorney who lives in Canada. And it’s better if they live in Ontario. An attorney needs to be able to act quickly when something is urgent, monitor how you’re doing, and make sure your needs are met.
It’s a good idea to ask people if they’re willing to be your attorney before you name them. You can talk to your attorney about the kinds of decisions they might have to make for you and how you would like decisions to be made.
If you name more than one attorney
You can name more than one person as your attorney for property. If you do that, you should also say if you want them to make decisions alone or if they must agree on decisions.
Acting jointly means that your attorneys all need to agree on a decision.
Acting jointly and separately or jointly and severally means that your attorneys can either make decisions for you on their own or together. This lets one attorney make decisions if the other attorney is sick, on vacation, or not available for some other reason.
Think about whether the attorneys will be able to work together and whether they’ll all be available when they need to be.
If you have 2 attorneys who must make decisions together and they cannot agree:
- they might have to go to court so a judge can decide, or
- one of them might have to resign.
Or, if you have 3 attorneys, you might want to pick which attorney will have the final say if all of them cannot agree.
Choosing substitute attorneys
You can also choose one or more substitute attorneys. They would act if your first attorney or attorneys are not able or willing to. The substitute attorney will have to show why the first attorney or attorneys cannot act.
For example, if your first attorney has died, your substitute attorney will need a death certificate for that person. Or, if the first attorney is still alive, your substitute attorney will need a signed letter from them saying they’ve resigned.