Power of Attorney
Speak to a lawyer to draft your Will from the comfort of your home. We bring legal expertise to you in the most convenient and affordable way.
What is a Power of Attorney?
Axess Law can draft you a power of attorney (POA). It is a document you draft voluntarily with the help of our Wills and estate lawyers. A POA gives others legal authority to act on your behalf when you are unable to care for yourself or want help because of age or infirmity.
A power of attorney is like a Will but takes effect while you are alive. You can make POAs for almost any situation:
- Continuing power of attorney for Property to manage your financial affairs if you become mentally incapacitated.
- Non-continuing power of attorney for property to assist with day-to-day financial decisions when you are elderly or on vacation but mentally capable. Non-continuing POAs can be revoked when or if you no longer require assistance.
- Power of attorney for personal Care to make personal decisions if you are mentally incapable, such as about your health care, housing, meals, clothing and hygiene. Your “attorney” is not a lawyer, unless you give POA to a lawyer, and can be anyone who is eligible (See Who Can Be Your Attorney).
How It Works
01
Book Your Appointment
Click on ‘Get Started’ button to submit a request to meet with the Lawyer. Our customer care team will reach out to you within minutes to book your appointment.
02
Submit Your Documents
On the day of your appointment, our lawyer will verify your identification and walk you through the intake process where they confirm your contact information.
03
Draft Your Will With A Lawyer
Our lawyer will ask you a series of questions regarding your executor, beneficiaries, and make a note of your wishes before drafting a Will accordingly.
04
Execute Your Will With A Lawyer
Our lawyer will cross-check each page of the Will with you and if you are happy with the draft, the Will is signed and executed by the lawyer on the same day.
Documents We Need
We offer a number of affordable options to give you peace of mind in knowing that your family will be taken care of the way you want. Bring the following for your online video conference (anywhere in Ontario) or in-person meeting at our Greater Toronto Area law offices:
Axess Law will ask you for two pieces of ID. Proving your identity is obligatory to prevent fraud. You may use either two pieces of primary ID or one primary and one secondary ID. These include:
- Driver’s license
- Canadian passport
- Ontario photo card
- Canadian citizenship card with photo
- PR card with photo
Our lawyers will ask to see records of any existing debts that you may have. These would include debts such as car loans, mortgages, or student loans.
When drafting a cohabitation agreement, bring us your personal statement of assets. This would include documents such as stocks, investments, or real estate deeds.
When booking an appointment, our team will make a note of your contact information. This would include your name, email address, and telephone number.
When to Use a Power of Attorney
POAs can take effect while you are mentally capable or if you become unable to communicate or make decisions. A debilitating stroke or dementia can make a POA necessary to give instructions to physicians about health services, where you live, or your daily care. While drafting, you can rest assured knowing a medical professional or evaluator must concur that you are unable to make specific decisions about medical services or long-term care on your own. Your attorney can assist you with any other personal care decisions.
Who Can Make a POA in Ontario?
Anyone over 16 who can understand the authority being granted and the consequences of it can make a legally binding POA. Or you can make one for someone a health professional or evaluator declares is mentally incapacitated. Drafting a POA yourself, to take effect if you become mentally incapable, protects your future and your family. If you truly have no one else to act for you, The Ontario Public Guardian and Trustee may be appointed to arrange your personal and financial affairs. Axess Law’s Wills and estate lawyers explain how POAs work if you are debating what to do next. If you change your mind, we help revise or revoke your POA.
Who Can Be Your Attorney
You can choose almost anyone as your attorney who is mentally capable and 16 or older for personal care or 18 or older for property. This includes:
Landlord
Social worker, counsellor or teacher
Doctor, nurse, therapist or other health care provider
Homemaker or attendant
What Our Customers Say About Us
We worked with Jaz for setting up our Will and POA. He is very knowledgeable and answered our questions with patience and understanding.
★★★★★ 5/5
It was a smooth and painless experience. Very quick and to the point. Would highly recommend this to anyone needing a will or estate planning.
★★★★★ 5/5
My brother and I got our wills done during the free Oct Will month. We got excellent service by Pratheeb Uthayakumar, Marc Marcos and Nicole. Very professional, efficient and responsive. I recommend them to all. Thank you Axess.
★★★★★ 5/5
This was such a no brainer for us. We did 2 wills and Powers of Attorney in under 2 hours. Of course it was relatively basic as they do not do foreign and tax and estate work.
★★★★★ 5/5
My wife and I utilized Axess Law for creating our mirror wills and POAs. The process was extremely efficient and simple. Being able to do the initial meeting virtually is also extremely helpful. The entire meeting took just over an hour for both my wife and I. It was then about another 30 minutes to actually go to their office to get the documents signed and witnessed.
★★★★★ 5/5
Previous
Next
We are rated 4.8/5 based on 1,475 reviews.
Convenient Appointments
Axess Law gives you the choice of booking an online or in-person appointment. Our lawyers are available 7 days a week, at times convenient for you. We can meet in person, by phone, email, or via a remote video call. In addition to these, there are 5 Axess Law offices located across the Greater Toronto Area – all with onsite parking or easily accessible by public transit.
Some FAQs
You can limit the authority your POA has, such as paying recurring expenses like your hydro bill by the 1st of each month up to a maximum you set. Axess Law Wills and estate lawyers draft a special power of attorney, also called a specific POA, for that purpose. Putting time limits on their powers or allowing a POA to act on your behalf only if you are mentally incapacitated gives you the flexibility to manage your own affairs as you wish. The POA expires when you die. Making a Will at the same time as a POA ensures your estate trustee can take over without delay.
You can choose almost anyone as your attorney who is mentally capable and 16 or older for personal care or 18 or older for the property. Unless they are a family member, exceptions are your:
- landlord
- social worker, counsellor or teacher
- doctor, nurse, therapist, or other health care provider
- homemaker or attendant or anyone who cares for you in your home.
Anyone who provides paid services to you is ineligible, but you can pay a trust company to be POA for property. You can appoint one or several attorneys, who can act “jointly and severally”, which means making decisions together or alone, or “jointly”. You can also appoint alternate or substitute attorneys in case an attorney is unable or unwilling to act for you.
Whoever you choose as an attorney is expected to act in good faith, keep accurate records, not mingle assets with their own and avoid conflicts of interest. You can change your POA at any time, just by contacting an Axess Law lawyer near you. Tell us if an attorney makes you uncomfortable, assets are missing or you or your family member are being coerced to do things against your will.
Ontario doesn’t use the term living wills, but you can make advance directives similar to a living will in your POA that state when to discontinue medical treatment. For instance, you can include a do not resuscitate order (DNR) or instructions not to give you blood transfusions if you are unable to consent or refuse treatment. As long as they are possible to follow, your attorney or substitute decision-makers cannot overturn your wishes. Axess Law’s Wills and estates lawyers prepare a power of attorney form that expresses your personal wishes.
A living Will is a legal document describing a person’s desires regarding their medical care in the event that they become incapable of expressing consent and stating their wishes. Most commonly, people indicate whether or not they want to be kept on life support, resuscitated, or donate their organs. Naturally, because a living Will is closely tied to health care, some people decide to include a living Will as part of their POA for personal care. However, many people also like the flexibility of a simple POA for personal care, allowing the appointed attorney to make decisions as they see fit. It is always advisable to discuss your wishes with your attorney as early as possible after your POA for personal care or living Will is drafted.
One way to distinguish between your POA and your Will is by envisioning a timeline. A POA is used to protect your wishes while you are still alive, while your Will is used to protect your wishes after you’ve passed away. Both legal documents are important and useful in their own ways, but these terms shouldn’t be used interchangeably as they serve two very different purposes.
If you are unable to make decisions on your own behalf and you have not appointed a power of attorney, there are set rules dictating how decisions regarding your assets and care will be made:
- In Ontario, without a POA for personal care, the Health Care Consent Act outlines a list of who will make decisions on your behalf. The order is as follows: your spouse or common law partner, parents, siblings, and finally, any other living relative. Sometimes an issue arises when the person granted the right to make decisions for your health care isn’t the person you actually want making those choices, however, having a POA can help to prevent this problem from arising.
- Without a POA for property, your family will likely not be able to access or manage your assets. Therefore, for example, they won’t be able to pay your bills or collect money owed to you. Instead, they may have to undergo a lengthy and expensive process where they will petition to become your legal guardian and gain access to your property.
Simply put, having a power of attorney ensures that if you are unable to make health care or financial decisions for yourself in the future for any reason, your loved ones will have the power to take care of you and your belongings according to your wishes.
Making an advance POA allows you to choose your own representative. Wills take effect after your death. POAs give friends or family members authority to be your substitute decision-maker while you’re alive.
Your POA can make decisions about:
- your nutrition
- personal hygiene
- clothing
- shelter
- personal safety
- or, if you are completely incapacitated, medical or long-term care.
Unless a health professional or Ontario Public Guardian and Trustee capacity assessor decides you are mentally incapable of making decisions, your attorney will consult with you about your everyday care. Your POA may even ask trusted family or friends who know you well for advice. They will only make medical or long-care decisions if a health professional or assessor confirms you are unable to do so. Be assured, even if you are completely incapacitated, a competent POA will act in your best interests.
Financial decisions are best left to a power of attorney for property, completely independently of your POA for personal care. Axess Law can arrange for you to have POAs for both personal care and property (see Will with POA for Property) for a low, flat-rate fee. We can draft POAs without a Will or with a Will, whatever you prefer.
Compensation is not available for POAs for personal care, although you can leave gifts in your Will for anyone you desire.
Some POAs include directions about the type of medical care you desire, such as naturopathic services. You may want to include a living will in your POA, requesting not to be artificially resuscitated, called a DNR (do not resuscitate) order, or indicating when to stop medical treatment if you are terminally ill.
A POA cannot direct anyone to end your life by giving you medical assistance in dying (MAID). You must be mentally capable to consent to MAID and it must be your decision.
Our experienced legal team takes care that vulnerable family members are not being unduly influenced to make a POA. If you suspect someone you care about is being abused or coerced by a power of attorney they have appointed, Axess Law’s Wills lawyers can refer you to appropriate services or suggest if you need to go to court to overturn a POA appointment.
Axess Law drafts a written POA for personal care and ensures it is properly witnessed. You must sign your POA in front of two witnesses, who will also sign the document to make it legally valid. Your witnesses must be independent and 18 or older. They cannot include the attorney being appointed, their spouse or common law partner, or your own.
Axess Law’s Ontario Wills and Estate lawyers can prepare powers of attorney for personal care at the same time as they draft your personal Will for just $299.99 and up. You can make an Ontario Will separately for $249.99 or a POA for personal care without a Will for only $69.99. Get both a POA for property and personal care for $99.99 when our Greater Toronto Area lawyers draft both POAs at once.