Wills & Power of Attorney for Property
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.

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.
A power of attorney for property legally appoints a financial manager who makes decisions on your behalf to ensure you live the best life possible within your financial means. At Axess Law, we offer a number of affordable options to draft a Will with the choice of in-office or online appointments. Let our lawyers guide you every step of the way.
Your POA for the property is a financial manager who acts in good faith, on your behalf. Their decisions affect your quality of life, ensuring you live the best life possible within your financial means. They are required to consult with you while you are mentally capable and with supportive friends and family on care decisions affecting you.
Your appointee must ensure you have what is reasonably needed for:
You can direct your POA to give gifts to charities or friends and relatives, including loans, as long as they don’t interfere with your own basic needs. Axess Law’s Wills and Estate attorneys can explain rules around charitable giving and loans.
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.
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.
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.
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.
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:
POAs are made while you are mentally capable of caring for your own property. Being incapable means:
You obviously can’t foresee all the consequences of every decision you make. Your decisions must be “reasonably foreseeable”. In other words, most people would realize what could happen.
You can limit a POA’s authority, such as having them manage your bank account when you are elderly. Or you can make a continuing power of attorney, allowing your appointee to manage your property even if you are mentally incapacitated. With a few restrictions, a POA can be authorized to do anything you would do if you were capable of it yourself.
Appoint alternate or substitute attorneys in case an attorney is unable or unwilling to act for you.
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
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Your POA can legally do anything in their POA for property documents. Decisions they can make include:
Next-of-kin, close friends, or anyone concerned about your POA’s conduct can address the court if they feel you are being unduly coerced or influenced or your property is being mismanaged. The court may order the POA to pass the accounts for its scrutiny, supervise the POA’s decisions, or set aside a POA and appoint a guardian for the property.
Unless your POA volunteers their services, their fees are based on a schedule set by the court. You can include the compensation amount in POA documents or your attorney can draw fees monthly, quarterly, or annually from your resources.
Current fees are 3% of capital and income received, plus 3% of capital and income disbursements, and 0.6% of your assets’ annual average value (called a care and management fee). A POA can apply to court to have their fees increased if they believe they are inadequate for the services provided.
Ontario courts expect POAs who receive compensation to exercise the same care, diligence, and skill as any business manager responsible for others’ property. A volunteer POA is required to exercise the same care, diligence, and skill that you would if you managed your own financial or business affairs.
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.
You can make POAs for almost any situation:
Your “attorney” is not a lawyer, unless you give POA to a lawyer, and can be anyone who is eligible.
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 healthcare, 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:
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.
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