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 Power of Attorney 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 healthcare 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.