Life is unpredictable. Accidents or sudden illnesses can happen to anyone at any age. Therefore, having a Power of Attorney (POA) is arguably even more important than having a Will.
While a Will only takes effect after you die, a Power of Attorney protects you while you are still alive. Specifically, it gives a trusted person the legal authority to make decisions for you if you become mentally incapable of doing so yourself.
At Notary Lawyer Scarborough, we help you designate these decision-makers correctly. Because we are licensed lawyers, we can draft custom documents that cover specific medical wishes and financial constraints, rather than just using a generic template.
Services start at just $30.
In Ontario, there are two distinct types of documents you should have. Ideally, they are created together.
This document covers your financial assets. For example, it allows your chosen “attorney” to:
Pay your bills and mortgage.
Manage your bank accounts and investments.
Sell your home if you need to move into long-term care.
Crucially, “Continuing” means the authority continues even if you become mentally incapable. Without this, your family would have to apply to the government to freeze and manage your assets, which is a long and expensive process.
Furthermore, this document covers your health and personal life. In other words, it allows someone to make decisions about:
Medical treatments and surgery.
Admission to nursing homes.
Shelter, food, and clothing.
Additionally, this is where you can include your “Advance Directives” (often called a Living Will). Specifically, you can state your wishes regarding life support and end-of-life care so your family isn’t forced to guess what you would have wanted.
Although “do-it-yourself” kits exist, they are often vague. Consequently, banks and hospitals may refuse to accept them if they are not clear. Instead, our legal team drafts customized POAs that are:
Unambiguous instructions for your attorneys.
Covering specific scenarios relevant to your life.
Ensuring you meet the strict mental capacity requirements at the time of signing.
Unfortunately, many families contact us only after a crisis has occurred—such as a stroke or sudden hospitalization. In these urgent cases, the person must still be mentally capable of understanding the document for it to be legal.
Therefore, we offer a responsive Mobile Notary service. We visit:
Scarborough General Hospital & Centenary Hospital.
Retirement homes and private residences.
During the visit, we conduct a compassionate capacity assessment to ensure the document will stand up to legal scrutiny.
Simply put: A Last Will & Testament takes care of your assets after you die. A Power of Attorney takes care of you and your assets while you are alive but incapacitated. Thus, you need both for complete protection.
Yes. You can appoint multiple attorneys to act "jointly" (they must agree on everything) or "jointly and severally" (they can act alone). However, we generally recommend "jointly and severally" to avoid gridlock if one person is unavailable.
It does not expire. However, it ends automatically if you die, or if you revoke it while you are still mentally capable. Furthermore, you can cancel (revoke) your POA at any time as long as you have the mental capacity to do so.
Don’t leave your well-being to chance. Ensure your voice is heard even if you cannot speak.
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