Power of Attorney Notarization Ontario
When POA documents require notarization, witness requirements, and how to ensure your Power of Attorney is legally valid
What Is a Power of Attorney?
A Power of Attorney is a legal document that authorizes someone you trust (the “attorney”) to make decisions on your behalf. In Ontario, there are two main types: a Continuing Power of Attorney for Property, which covers financial and property decisions, and a Power of Attorney for Personal Care, which covers health and personal decisions if you become incapable. These documents are essential for planning ahead, ensuring someone you choose can manage your affairs if you’re unable to do so yourself.
Many people confuse notarization with the witnessing requirements for Powers of Attorney. Ontario law requires specific witnessing for POA documents to be valid, but notarization serves different purposes – primarily for use outside Ontario or when institutions request additional authentication. Understanding the difference prevents unnecessary steps while ensuring your documents meet all legal requirements. For other document authentication needs, see our guide to certified true copies.
Types of Power of Attorney in Ontario
Ontario recognizes different Powers of Attorney for different purposes. Each has specific requirements and covers distinct areas of decision-making.
Continuing Power of Attorney for Property
Authorizes your attorney to manage financial matters including banking, investments, real estate transactions, bill payments, and tax filings. “Continuing” means it remains valid even if you become mentally incapable – essential for long-term planning. Without this document, your family may need to apply to court for guardianship to access your accounts.
Power of Attorney for Personal Care
Covers health care decisions, living arrangements, nutrition, hygiene, clothing, and safety. This document only takes effect when you become incapable of making these decisions yourself. Your attorney can consent to or refuse medical treatment on your behalf based on your known wishes or best interests.
General (Non-Continuing) Power of Attorney
A limited document that becomes invalid if you become mentally incapable. Useful for specific transactions like authorizing someone to sell your car while you’re traveling, but not suitable for incapacity planning. Most people creating POAs for future protection need the continuing version instead.
Limited or Specific Power of Attorney
Grants authority for a single transaction or defined purpose, such as closing a real estate deal or managing a specific bank account. The document specifies exactly what the attorney can and cannot do. Expires when the transaction completes or on a specified date.
Witnessing Requirements vs. Notarization
Understanding what Ontario law actually requires
What Ontario Law Requires
Under the Substitute Decisions Act, a Continuing Power of Attorney for Property requires two witnesses who watch you sign and then sign the document themselves. A Power of Attorney for Personal Care requires the same two-witness process. The witnesses cannot be your named attorney, their spouse, your spouse, or anyone under 18. Meeting these witnessing requirements makes your POA legally valid in Ontario – notarization is not required by Ontario law for domestic use.
When Notarization Adds Value
While not legally required, notarization provides additional authentication that certain institutions prefer. Banks, land registry offices, and financial institutions sometimes request notarized POAs before accepting them, even though they’re not legally entitled to demand it. Having your POA notarized upfront can prevent delays when your attorney needs to act quickly. A notary public can both witness your signature and provide notarization in one appointment.
International Use Requirements
If your Power of Attorney will be used outside Ontario – to manage foreign property, access international bank accounts, or conduct business abroad – notarization is typically essential. Many countries require notarized documents followed by authentication or apostille for foreign documents to be recognized. The destination country’s requirements determine what authentication chain is necessary.
When Power of Attorney Notarization Is Necessary
These situations typically require or benefit from having your POA notarized beyond the basic witnessing requirements.
Real Estate Transactions
Land registry offices and real estate lawyers often require notarized POAs before allowing someone to sign property documents on your behalf. Even for Ontario properties, notarization provides the authentication level these transactions demand.
Banking and Financial Institutions
Banks frequently request notarized POAs before granting account access to attorneys. While they cannot legally require more than the Substitute Decisions Act mandates, having notarization ready prevents delays during time-sensitive situations.
Foreign Property or Assets
Managing property or accounts in other countries almost always requires notarization plus additional authentication. Requirements vary by country – some accept notarized Canadian documents while others require embassy legalization or apostille.
Business Transactions
Corporate matters, signing contracts on someone’s behalf, or dealing with government agencies may require notarized authority. Business partners and legal counterparties often want the additional assurance notarization provides.
Getting Your Power of Attorney Notarized
Steps to properly execute and notarize your POA documents
Prepare the Document
Have your POA drafted by a lawyer or use Ontario’s government forms if appropriate for your situation. Ensure all information is complete and accurate – the grantor’s name, attorney’s name, scope of authority, and any restrictions. Do not sign the document yet.
Book Your Appointment
Schedule an appointment with a notary public who can both witness and notarize the document. Confirm they can accommodate two witnesses if you’re not bringing your own. Explain you need both witnessing and notarization so they allocate sufficient time.
Attend with Proper ID
Bring valid government-issued photo identification. The notary must verify your identity and confirm you understand what you’re signing. Be prepared to demonstrate you’re signing voluntarily and comprehend the authority you’re granting.
Execute and Notarize
Sign in the presence of the notary and witnesses. Witnesses sign confirming they watched you sign. The notary then adds their seal, signature, and notarial certificate authenticating the document. You’ll receive the completed, notarized original.
Common Power of Attorney Mistakes
These errors can invalidate your POA or create problems when your attorney tries to use it.
→ Ineligible Witnesses
Your named attorney, their spouse, your spouse, or anyone under 18 cannot witness your POA. Using ineligible witnesses invalidates the document entirely, even if everything else is correct.
→ Signing Before Witnesses Arrive
Witnesses must actually watch you sign. If you’ve already signed when they arrive, the witnessing requirement isn’t met. The document must be unsigned when you sit down with your witnesses.
→ Unclear Scope of Authority
Vague language about what your attorney can do creates problems when they try to act. Banks and institutions may refuse to honor POAs that don’t clearly authorize specific actions. Be explicit about the powers granted.
→ Not Making It “Continuing”
A standard POA becomes invalid if you become mentally incapable – exactly when you most need it. For incapacity planning, ensure your POA for Property explicitly states it’s a “Continuing” Power of Attorney.
→ No Copies for Institutions
Banks and other institutions often want to keep a copy on file. Have several notarized copies made, or use certified true copies, so your attorney can provide documentation to multiple institutions without surrendering the original.
→ Failing to Update After Life Changes
Marriage, divorce, death of your named attorney, or significant changes in your assets may require updating your POA. An outdated document naming an ex-spouse or deceased person creates serious problems.
What to Bring to Your Notarization Appointment
Arrive prepared to complete the process efficiently in a single visit.
Unsigned POA Document
Your completed Power of Attorney with all information filled in but not yet signed. Review it carefully beforehand – changes after signing require a new document. Bring extra copies if you want multiple notarized originals.
Government Photo ID
Valid passport, driver’s licence, or Ontario Photo Card. The name on your ID must match the name on the POA. Expired identification is not acceptable. Some situations may require two pieces of ID.
Witness Information
If bringing your own witnesses, they need their own government photo ID. Confirm in advance they’re eligible – not your attorney, their spouse, your spouse, or under 18. The notary’s office can often provide witnesses if needed.
Attorney’s Information
Full legal name, address, and contact information for your named attorney(s). While your attorney doesn’t need to be present for you to sign, having accurate information prevents errors in the document.
Common Questions About Power of Attorney Notarization
Does my attorney need to be present when I sign?
No. You grant the Power of Attorney by signing it yourself with proper witnesses. Your named attorney doesn’t need to be there and doesn’t sign the document at the time you execute it. However, they should receive a copy and understand their responsibilities before they need to act. Some people have their attorney sign an acknowledgment separately, but this isn’t legally required in Ontario.
Can I have more than one attorney?
Yes. You can name multiple attorneys to act jointly (all must agree on decisions), jointly and severally (any one can act alone), or you can name successive attorneys (second person takes over if first cannot act). Consider the practical implications – joint attorneys must coordinate on every decision, which can cause delays. Clearly specify how multiple attorneys should work together.
How long does a Power of Attorney last?
A Continuing Power of Attorney for Property remains valid until you revoke it, you die, or a court terminates it. A Power of Attorney for Personal Care similarly continues until death or revocation. You can include an expiry date or limiting conditions if you only need temporary authority. Non-continuing POAs end if you become mentally incapable.
Can I revoke a Power of Attorney?
Yes, as long as you’re mentally capable. Execute a written revocation, notify your attorney in writing, and retrieve any copies they hold. Notify any institutions that have the POA on file. For real property, register the revocation at the land registry office. Creating a new POA doesn’t automatically revoke earlier ones unless the new document explicitly states it does.
What’s the difference between a notary and commissioner of oaths for POAs?
A commissioner of oaths can witness your signature and administer oaths, which meets Ontario’s witnessing requirements. A notary public can do everything a commissioner does plus provide notarization with their official seal – necessary for institutional requirements or international use. If you only need basic witnessing for Ontario use, either works. If you want notarization, you need a notary public.
How much does POA notarization cost?
Costs vary based on the number of documents, whether the notary provides witnesses, and whether you need multiple notarized copies. Simple witnessing and notarization of a single POA typically costs $40-80. Multiple documents or complex situations cost more. Contact us for specific pricing on your POA notarization needs.
Related Notary Guides
Learn about other document authentication services and requirements.
Need Your Power of Attorney Notarized?
Same-day appointments available for POA witnessing and notarization. Witnesses provided if needed. Bring your unsigned document and valid government ID.
Notary ServicesRelated services: Notary Public Toronto Commissioner of Oaths