How Do You Set Up a Power of Attorney in Canada?

Before you start

A power of attorney is created under provincial law, not federal law, so the document, the rules for who can make one, and the signing requirements differ between Alberta and Ontario. This article covers those two provinces only; if you’re in another province, the process will differ and you should check that province’s own legislation.

1. Decide what kind of authority you need

In Alberta, a power of attorney authorizes an attorney to act on the donor’s behalf for financial and property matters (Powers of Attorney Act, RSA 2000, c P-20). The Act defines “attorney” as the person empowered to act on the donor’s behalf under the power of attorney (s 1(a)).

In Ontario, the Substitute Decisions Act, 1992 creates two separate documents: a Continuing Power of Attorney for Property and a Power of Attorney for Personal Care (as described on Ontario’s land registration page). A person may need one, the other, or both, depending on whether they want someone to manage their finances, their personal care and health decisions, or both.

2. Check who can make one

Alberta’s Act is described as applying to adult Albertans preparing a power of attorney. Ontario sets different minimum ages for its two documents: a Continuing Power of Attorney for Property can only be made for a person at least 18 years old (s 4), while a Power of Attorney for Personal Care falls under Part II of the Act, which applies only to persons at least 16 (s 43).

Ontario also sets a capacity test for granting a property POA: the grantor must, among other things, be capable of appreciating that the attorney could misuse the authority given to them (s 8(1)(g)).

3. Choose your attorney and decide when they can act

The defining feature of Alberta’s enduring power of attorney is that it is “enduring” because the attorney’s power continues, or comes into effect, even after the donor becomes mentally incapacitated (Powers of Attorney Act, s 2; OPGT public legal education). If the document does not say who decides when that incapacity has occurred, two medical practitioners must make a written declaration. Alberta’s Office of the Public Guardian and Trustee (OPGT) cannot assess a donor’s capacity or provide legal advice on this.

In Ontario, unless the document states otherwise, an attorney for property can start making financial decisions immediately upon being appointed, not only once the grantor becomes incapable. Without a property POA in place at all, family members, including a spouse, cannot automatically step in to make financial decisions and may have to apply to court to become a court-appointed guardian.

4. Put it in writing

Alberta has no regulated, mandatory form for creating an enduring power of attorney; it can be drafted without using a specific government template. Ontario provides free official Power of Attorney kits through the Ministry of the Attorney General, so there is no mandatory government fee to create one, though using a lawyer instead is optional and costs extra.

5. Sign it in front of the required witnesses

Alberta’s Act allows for a donor who is physically unable to sign to have another person sign on their behalf, at the donor’s direction, in the presence of both the donor and a witness (s 2). Alberta also allows remote signing: the donor and witness are deemed to be in each other’s presence if connected by real-time video or electronic communication, but only if a practising lawyer is providing legal advice on the making, signing, and witnessing of the document (s 2.1(1)-(2)).

Ontario requires the grantor to sign in front of two witnesses, who must also sign, with all three people present together for the entire signing process (s 10, as described by Steps to Justice). Since a 2021 legislative change, this can be done remotely using audio-visual technology instead of everyone being physically in the same room. Ontario also disqualifies certain people from acting as witnesses: the named attorney or their spouse or partner cannot witness, and neither can someone who has a Guardian of Property because they are not mentally capable of managing their own property (s 10(2)).

6. Decide whether to register it, and tell people it exists

Neither province requires a power of attorney to be filed with the government as a general rule. In Ontario, there is no requirement to register a Power of Attorney with the government or anywhere else. In Alberta, registration is only relevant if the POA affects land: a special power of attorney affecting land can be registered against title at a Land Titles Office for a set fee of $10, plus $5 for each additional title affected (Tariff of Fees Regulation, Alta Reg 120/2000). Land Titles Office fees for any document, including a POA, are set by regulation and required at the time of submission.

FAQ overlap and what to check next

Because the document is private and not filed with government in most cases, the practical safeguard in both provinces is telling your attorney, and often a family member or lawyer, where the signed original is kept.