When planning for the future, it’s essential to understand the legal tools available to protect your interests. Two of the most important documents in estate and incapacity planning are the Power of Attorney for Property and the Power of Attorney for Personal Care. While both grant decision-making authority to a trusted individual, they serve very different purposes.
If you’re in Ontario and need a Power of Attorney notarized, Walk-In Notary makes the process quick and easy. Below, we’ll explain the key differences between these two documents and why you might need both.
What Is a Power of Attorney for Property?
A Power of Attorney for Property (also called a POA for Property) allows you to appoint someone to manage your financial and legal affairs if you become incapacitated or unable to handle them yourself. This document can take effect immediately or only if you become mentally incapable, depending on how it is drafted.
What Can an Attorney for Property Do?
The person you appoint—known as your “attorney”—can make financial decisions on your behalf, such as:
- Paying your bills and managing your bank accounts
- Filing taxes and handling government benefits
- Buying or selling property
- Managing investments and other assets
What They Cannot Do:
- Make or change your will
- Make medical or personal care decisions (these fall under a different POA)
A Power of Attorney for Property is a crucial document for ensuring your finances are taken care of if you are unable to manage them yourself due to illness, injury, or absence.
What Is a Power of Attorney for Personal Care?
A Power of Attorney for Personal Care (POA for Personal Care) allows you to appoint someone to make healthcare and personal care decisions if you become unable to do so. This document is sometimes called a Medical Power of Attorney or Health Care Proxy in other jurisdictions.
What Can an Attorney for Personal Care Do?
Your appointed attorney can make decisions about:
- Medical treatment and procedures
- Long-term care and living arrangements
- Nutrition, hygiene, and personal safety
What They Cannot Do:
- Handle your financial affairs (this requires a separate Power of Attorney for Property)
- Make decisions while you are still capable of making them yourself
A Power of Attorney for Personal Care is essential if you want someone you trust to make medical decisions for you in case of serious illness or incapacity. Without this document, your loved ones may have to apply to the courts to gain decision-making authority.
Key Differences Between the Two POAs
Feature | Power of Attorney for Property | Power of Attorney for Personal Care |
---|---|---|
Purpose | Manages finances and legal matters | Makes healthcare and personal care decisions |
Takes Effect | Can be immediate or upon incapacity | Only takes effect upon incapacity |
Who Can Act? | A trusted individual, lawyer, or financial institution | A trusted individual (not a lawyer or financial institution) |
Common Uses | Paying bills, managing investments, selling property | Approving medical treatments, choosing care facilities |
Do You Need Both?
Yes, in most cases, it’s wise to have both a Power of Attorney for Property and a Power of Attorney for Personal Care. This ensures that both your financial and medical needs are managed by someone you trust if you become incapacitated.
Without these documents, your loved ones may face delays, legal hurdles, and additional expenses when trying to act on your behalf.
How to Get a Power of Attorney Notarized in Ontario
At Walk-In Notary, we make notarizing a Power of Attorney quick and hassle-free. Simply visit one of our locations, and our experienced notaries will review your document, confirm your identity, and witness your signature.
Why Choose Walk-In Notary?
✅ No appointment needed – Just walk in!
✅ Fast and affordable service
✅ Multiple locations for your convenience
✅ Experienced notaries who understand Ontario law
Visit Us Today!
Need your Power of Attorney notarized? Stop by Walk-In Notary for fast, professional service. Have questions? Contact us today or visit our website for more details.