What Happens If I Don't Have a Power of Attorney in Ontario?

Planning for the future means preparing for the possibility that you might become unable to manage your own affairs. A Power of Attorney (POA) is a legal document that lets someone you trust handle your financial or personal care decisions if you are unable to do so.

But what if you do not have one? Here is what could happen if you do not have a Power of Attorney in place.

No One Can Legally Manage Your Finances

Without a Continuing Power of Attorney for Property, no one can access your bank accounts, pay your bills, or make financial decisions on your behalf if you become mentally incapable. This can lead to unpaid bills, missed tax deadlines, and financial chaos.

No One Has Authority to Make Personal Care Decisions

Without a Power of Attorney for Personal Care, no one can make important decisions about your medical treatment, living arrangements, or personal care if you lose the capacity to decide for yourself.

The Court May Appoint a Guardian or Committee

If you become incapable and do not have a valid Power of Attorney, a family member or close friend will have to apply to the Ontario Superior Court of Justice to be appointed as your guardian or committee. This process can be:

• Time-consuming and costly

• Stressful for your loved ones

• Invasive, as the court reviews your personal situation

• Not guaranteed to appoint the person you would have chosen

Delays in Important Decisions

Without a POA, critical financial or health decisions can be delayed while the court appoints a guardian or committee, potentially putting you or your family in difficult situations.

Loss of Control Over Your Future

By not having a Power of Attorney, you lose the opportunity to choose who will manage your affairs and how they should do so. This can lead to family disputes or decisions that do not align with your wishes.

Protect Yourself and Your Loved Ones

Having Powers of Attorney in place ensures your financial and personal care decisions are made by someone you trust, quickly and without court involvement.

Need Help Preparing Your Power of Attorney?

At Martins Law Firm we help Ontario residents create clear, legally valid Powers of Attorney tailored to their needs so you can have peace of mind knowing your affairs will be handled the way you want. Whether you are planning ahead or managing urgent decisions, we are here to help you protect what matters most.

Planning for the future gives you peace of mind today.

Let Martins Law Firm help you secure your legacy today.

This article is intended for informational purposes only and does not constitute legal advice. For assistance with your specific legal situation, please contact our office 416-536-5488.