How do I make a Power of Attorney for Property?
Question & AnswerHow do I make a Power of Attorney for Property?
A is a legal document that lets you choose someone you trust to make decisions for you about your money and property.
You’re called the grantor. The person you name is called your attorney. Your attorney can be a family member, a close friend, or anyone else you trust.
Unless you limit what your attorney can do, they can do almost anything with your money and property that you can. This includes:
- doing your banking
- signing cheques
- getting a loan
- buying, selling, or leasing real estate
- buying consumer goods and services
But, your attorney cannot:
- make or change your will
- make or change who’s a beneficiary on your insurance policy or a registered plan, such as your
- make a new Power of Attorney for you
You can make a Power of Attorney for Property if you’re 18 years of age or older and .
Get legal help
For legal advice or help with a Power of Attorney for Property, you can talk to an estates lawyer.
If you have a low income, some community legal clinics may be able to give you free legal advice about your Powers of Attorney.
If you have a low income and live in the Kingston area, you may be able to get help from the Queen’s University Elder Law Clinic.
If you’re not eligible to get help from a community legal clinic and cannot afford to hire a lawyer, there are services such as Axess Law that offer legal services at lower rates.
Pro Bono Ontario’s free legal advice hotline can give you up to 30 minutes of free legal advice about creating Powers of Attorney. Call 1-855-255-7256.
Banks and other financial institutions
Some banks have their own rules about Power of Attorney forms. Check to see if your bank will accept your Power of Attorney for Property, or if they want you to use their form. But they cannot force you to use their forms to create your Power of Attorney.
Keep in mind that most bank forms:
- deal only with the money and property you have at the bank and will not apply to other property like your house or car
- will likely end any earlier Powers of Attorney that you have, unless you say you don’t want this to happen on the bank form or in a new Power of Attorney