Who Should I Choose as My Attorney (Power of Attorney) in Ontario?

Choosing the right person to act as your Power of Attorney (POA) is one of the most important decisions you will make in your estate and incapacity planning.

Your attorney (does not mean a lawyer) will have significant responsibility and authority to make decisions for you - either about your property (finances) or personal care (health and well-being) - if you become unable to manage these matters yourself.

Here is what to consider when selecting the right person to be your attorney:

Qualities to Look For in a Power of Attorney

1. Trustworthiness

Your attorney will have access to your personal and financial information. Choose someone you trust implicitly to act honestly and with integrity.

2. Reliability and Responsibility

Your attorney should be organized, dependable, and able to handle administrative tasks such as paying bills, managing investments, or making healthcare decisions.

3. Understanding of Your Wishes

Pick someone who respects your values, beliefs, and intentions. They should be willing to follow your instructions and make decisions consistent with your best interests.

4. Availability

Make sure the attorney has the time and willingness to fulfill the role, especially if your situation requires ongoing management or frequent decision-making.

5. Communication Skills

Your attorney may need to interact with doctors, financial institutions, family members, or lawyers. Good communication skills are essential.

Who Can I Choose?

• A family member or close friend is often the best choice due to his/her personal knowledge of you and your circumstances.

• A professional such as a lawyer, accountant, or trust company can be appointed, especially for complex estates or if you don’t have a suitable personal contact.

• You can appoint more than one person as co-attorneys, but this may complicate decision-making. You can also name alternates if your first choice is unable or unwilling to serve.

  
  

⚠️ Who Should You Avoid?

• Avoid choosing someone who might have a conflict of interest, such as a beneficiary in your Will unless you fully trust them.

• Someone who is unreliable, disorganized, or distant from you may not be the best choice.

• Avoid appointing minors or someone who may not be mentally or physically capable.

  
  

Additional Tips

• Discuss the role with your chosen attorney before appointing him/her to make sure he/she is willing and understand the responsibilities involved.

• Consider naming an alternate attorney in case your first choice is unavailable.

• Review your choice periodically and update your POA if circumstances change.

  
  

Need Help Choosing and Drafting Your Power of Attorney?

At Martins Law Firm we guide Ontario residents through the process of selecting the right attorney and drafting clear, legally valid Powers of Attorney that reflect your wishes and protect your interests. 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.