A Power of Attorney is a legal document that gives someone else the right to act on your behalf when you are unable to do so yourself due to illness, mental incapacity or your temporary absence (for example you are away on holiday and you need someone to look after your house details).
In Ontario there are three kinds of Power of Attorney:
- A Continuing Power of Attorney for Property (CPOAP) covers your financial affairs and allows the person you name to act for you if you are not able.
- A Non-Continuing Power of Attorney for Property covers your financial affairs but can’t be used if you become mentally incapable. You might give this Power of Attorney, for example, if you need someone to look after your financial transactions while you’re away from home for an extended period of time.
- A Power of Attorney for Personal Care (POAPC) covers your personal decisions, such as housing and health care if you are not mentally or physically capable.
Of course, you can create Powers of Attorney to achieve many aims including the continued protection and support of children or other dependents.
Your lawyer knows and understands the implications of each type of Power of Attorney, the applications and the rules about setting them up and can help you set up Powers of Attorney.