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Frequently Asked Questions

Common questions about Power of Attorney in Ontario.

A Power of Attorney is a legal document that gives another person – your attorney – the authority to act on your behalf. In Ontario, the Substitute Decisions Act, 1992 governs how POAs are created and used. There are two types: one for property and finances, and one for personal care and health decisions.
A Continuing Power of Attorney for Property lets your attorney manage your financial matters – including bank accounts, bill payments, investments, and real estate transactions. The word “continuing” means it remains valid even if you become mentally incapable, which is why most financial institutions and government agencies require this specific type.
A POA does not strictly need to be notarized to be valid in Ontario – it must be signed in front of two eligible witnesses. However, most banks, financial institutions, and government agencies prefer or require a notarized or commissioned copy to confirm authenticity. Walk-In Notary can witness and notarize your POA on the same visit, no appointment needed.
Your witnesses must be adults (18+) who are not: the attorney named in the document, the attorney’s spouse or partner, your own spouse or partner, your child, a person whose property is under guardianship, or a person who provides health or residential care to you for compensation. Both witnesses must be present when you sign.
Yes. You can prepare the text of your POA online using InstaDraft, then print and sign it in front of two eligible witnesses or a notary. The electronic preparation does not affect legal validity – the signature process must still happen in person.
A Property POA covers financial decisions – bank accounts, investments, real estate, bill payments. A Personal Care POA covers health and personal decisions – medical treatment, housing, diet. They serve different purposes and can be granted to the same person or different people. Many Ontario residents prepare both at the same time.
Lawyers typically charge $200–$500 or more per POA document. With InstaDraft, you pay a flat document preparation fee, then a standard notarization or commissioner fee at Walk-In Notary – making the total significantly more affordable than a full legal appointment.
Yes. As long as you are mentally capable, you can revoke a Power of Attorney at any time by signing a written revocation and notifying your attorney and any third parties (such as your bank) that relied on the document. Once you become mentally incapable, you generally cannot revoke a Continuing POA.
Bring your completed and unsigned printed POA document (do not sign it before arriving – you must sign in front of the notary) and a valid government-issued photo ID. If your attorney is attending as well, they should bring their photo ID too. Walk-In Notary Locations