Powers of Attorney in Ontario: Property vs. Personal Care Explained
Ontario uses two separate powers of attorney, one for property and one for personal care. Knowing the difference is basic to a complete plan.
You’ve been paying your parent’s bills under a power of attorney for property. After your parent dies, the next bill arrives. Can you still use the same document to pay it? No. In Ontario, a continuing power of attorney for property ends when the person who granted it dies. If you’re also named as executor in the will, your next steps are taken in that separate role.
Who can deal with the estate?
Start by locating the original will and any later amendments to it, known as codicils. The will may name an executor, called an estate trustee in Ontario. If there is no will, or no named executor is able and willing to act, speak with an estates lawyer about who can apply to the court for appointment. Being the former attorney for property does not by itself give someone that role.
If you’re the named executor, ask each bank or institution what documents it requires before it will release information or allow you to deal with the deceased’s assets. Depending on the assets and the circumstances, you may need a Certificate of Appointment of Estate Trustee, commonly called probate.
What to hand over if you acted under the power of attorney
- Keep the financial records together. Gather account statements, receipts and a record of the transactions you made while acting as attorney.
- Identify anything that needs prompt attention. Make a list of upcoming bills, automatic payments, renewals and time-sensitive correspondence.
- Arrange a secure handover. Ask the estate trustee or their lawyer how to transfer the records and flag any property or documents you were holding.
- Confirm who can give instructions. Before paying a bill, moving funds or signing anything, check with the estate trustee or their lawyer about who can act and what documentation is needed.
What if you’re planning your own estate?
Think about who could manage your finances during your lifetime and who could administer your estate afterward. You can consider the same person for both roles, or choose different people based on the work each role involves. Make sure your chosen people know where to find the signed documents. Read our guide to powers of attorney in Ontario.
