What is the difference between a Will and a Power of Attorney in Ontario?

Many Ontarians think a power of attorney and a will “do the same thing.” In fact, a will and a power of attorney (POA) are two very different legal documents that serve distinct purposes. Here is a breakdown of their key differences:

1. Purpose

Will

• A will is a legal document that outlines what happens to your assets and property after your death.

• It can also name guardians for minor children and specify funeral wishes.

  
  

Power of Attorney (POA)

• A power of attorney is a legal document that gives someone else the authority to act on your behalf while you're still alive, either for financial or personal care matters.

2. When It Takes Effect

Will

• Only takes effect after your death.

• It has no legal power while you are alive.

  
  

Power of Attorney

• Takes effect while you're alive, often if you become mentally incapable of making decisions (although a financial POA can be used even if you are mentally capable, depending on how it is written).

• It ends when you die.

Who Is Involved

Will

• You appoint an executor to carry out your wishes after your death.

  
  

Power of Attorney

• You appoint an attorney (this does not mean a lawyer - just someone you trust) to make decisions on your behalf while you are alive.

4. Types

Will

• There is just one main type: your last will and testament.

  
  

Power of Attorney

There are three main types in Ontario:

1. Continuing Power of Attorney for Property - for managing your finances, bank accounts and real estate, if you are incapacitated.

2. Power of Attorney for Personal Care - for making personal/medical decisions if you are incapacitated.

3. General Power of Attorney - for managing your finances, bank accounts and real estate.

5. Capacity Required

You must be mentally capable to create either a will or a POA.

Summary Table

Feature	Will	Power of Attorney (POA)
Purpose	Outlines how a person’s property and affairs are handled after death.	Gives someone legal authority to act on your behalf while you are still alive.
When It Takes Effect	Only after death.	Only while you’re alive — it becomes invalid upon death.
Types	Usually just one document (though there can be multiple wills for specific assets).	Two main types in Ontario: Power of Attorney for Property and Power of Attorney for Personal Care.
Who Acts	Executor – the person named in the will to carry out your wishes after death.	Attorney – the person you appoint to make decisions for you while you’re alive.
Key Decisions Covered	Distribution of estate, guardianship of minor children, funeral wishes.	Financial decisions (property POA) and health/personal care decisions (personal care POA).

If you are planning your future or helping someone else, both documents are important:

• A will ensures your wishes are followed after death.

• A POA ensures someone can legally act for you before you die, if needed.

  
  

Ready to take the next step?

Martins Law Firm is here to help you create a Will and Powers of Attorney that reflect your wishes and protect your family. Whether you are planning ahead or managing urgent decisions, we're 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.