There are two types of Power of Attorney recognized in the Province of Ontario:
1) Power of Attorney for Property; and
2) Power of Attorney for Personal Care (formally known as a “living Will”).
Each document operates in a similar fashion, but is to be used in different circumstances.
A Power of Attorney, either for Property or Personal Care, is a document that appoints one or more persons to act on your behalf, to make certain decisions, execute documents and provide instructions, when you are either incapable or unable to do those things for yourself.
Powers of Attorney become effective after they are signed and are legally effective only while you are alive. Once you pass away, your Powers of Attorney become null and void.
Only you, as the Grantor, can direct that a Power of Attorney document be created, amended or destroyed. If you are incapable of giving such instructions to a lawyer, then the latest form of Power of Attorney created and signed by you, will be the operative document, until either you pass away or a Court Order is granted amending the document.
A Power of Attorney should be revoked and replaced as your circumstances require.