A Power of Attorney (POA) is a legal document that gives someone the authority to make decisions on your behalf if you’re unable to do so yourself. It plays a key role in your estate plan by helping you prepare for potential incapacity during your lifetime.
What is a Power of Attorney?
A Power of Attorney allows you to appoint someone - called your attorney - to act on your behalf while you're still alive. This can include:
Managing your finances
Making healthcare or personal care decisions
Handling legal matters
There are typically two types of Power of Attorney:
Power of Attorney for Property (or Finances): Covers financial and legal decisions
Power of Attorney for Personal Care (or Health): Covers health and personal care decisions
Each province may use slightly different terms, but the purpose is similar across Canada.
A POA ends when you pass away. After that, your will takes over.
Why is having a Power of Attorney important?
A Power of Attorney helps you:
Choose who will make decisions if you become incapacitated
Avoid delays or legal hurdles in accessing your finances or managing your care
Provide clarity and guidance to your loved ones
Reduce stress and confusion during a health or personal crisis
Without a POA in place, your family may need to apply to the courts to manage your affairs - adding time, cost, and uncertainty. Learn more about how to choose an attorney for property and/or personal care.
When does a Power of Attorney take effect?
This depends on how the document is written:
A standard POA may take effect as soon as it’s signed
A springing POA takes effect only after a specific event, like a medical diagnosis
A continuing or enduring POA stays in effect even if you become mentally incapable
Willful gives you the flexibility to choose when your Power of Attorney for Property becomes active. You’ll be asked to decide during the document creation process:
Immediately after it’s signed: Your attorney can begin making decisions right away
Only if you become incapable: Your POA will activate only with a written declaration from two licensed medical professionals practicing in your province
The Power of Attorney for Personal Care only takes effect once you are incapable of making decisions yourself.
What happens if you become incapacitated without a Power of Attorney?
If you lose the ability to make decisions and don’t have a POA in place:
No one automatically has the legal right to act for you - not even your spouse or children
Your loved ones may need to apply to a court or provincial authority for the authority to manage your affairs
This process can be costly, time-consuming, and emotionally difficult
Having a POA avoids these issues by ensuring the right person can step in immediately if needed.
A note on MAID (Medical Assistance in Dying)
Canadian law does not permit a person’s wishes for Medical Assistance in Dying (MAID) to be authorized through a Power of Attorney. To access MAID, a person must be mentally capable at two distinct points:
When requesting MAID
Immediately before the procedure takes place
This means that even if you express your wishes in a POA, your attorney cannot consent to MAID on your behalf. While you can include general care preferences (e.g., avoiding artificial life support), MAID cannot be delegated under any circumstances.
How is a Power of Attorney created?
There are several ways to create a Power of Attorney:
Standard provincial forms or kits - Provided by some provincial governments
Online will platforms - Guided digital tools like Willful
Lawyer-drafted POAs - Useful for complex needs or custom instructions
If you own property in more than one province, the laws governing your Power of Attorney may differ.
In most cases, you do not need to register your POA with a land title authority unless you own real estate in that province. For example, in British Columbia, you must register your Enduring Power of Attorney with the Land Title and Survey Authority (LTSA) only if you own property in BC.
How do I make a legally valid Power of Attorney?
To be valid, your Power of Attorney must generally:
Be created when you are mentally capable
Be signed and dated by you
Be witnessed properly - typically by one or two people who are not your attorney or a close relative
Your attorney and any backup attorneys also need to sign and date the document before they could act