5/5/11

How to Be the Power of Attorney for My Mother in Ontario

A power of attorney is a document that gives another person power to make decisions on your behalf. There are two principal types of power of attorney in Ontario: continuing power of attorney for property, which covers decisions dealing with financial matters, and power of attorney for personal care, which covers decisions regarding health care and housing. A non-continuing power of attorney for property is also available, but this is usually only a temporary measure and is less common. You can name one or more attorneys for all types of power of attorney. You do not need to name a lawyer as your attorney, and, in many cases, people choose a close family member as an attorney.
    • 1

      Get an Ontario power of attorney kit from the Ontario attorney general's website. This kit has information on power of attorney as well as power of attorney document templates that you can print and fill out.

    • 2

      Have your mother fill out the power of attorney documents. On the continuing power of attorney for property and the power of attorney for personal care documents, your mother must name you as her attorney, sign and date the document and have two witnesses sign the document. You cannot be a witness and neither can your spouse, your mother's spouse or anyone under the age of 18. Your mother also can include the name of a substitute attorney if you are unable to perform your duties and may outline any restrictions she wishes to place on your power of attorney.

    • 3

      Have a lawyer look at your completed documents. This is not required, but it is a good idea to have a professional look at the completed documents to make sure that everything is in order and the documents are valid.

    • 4

      Have your mother inform others of your status as her attorney. While it is not necessary to register your power of attorney with any government agency, it is a good idea for your mother to inform her financial institution, health care provider, family members and lawyer that you hold power of attorney for her.

    • 5

      Keep the original document. You should keep the original copy of the power of attorney document(s). Your mother should keep a photocopy and you may want to have copies held by your mother's lawyer and your lawyer.

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