Choosing an Attorney for Property or Personal Care
Learn how to choose the right person to make decisions for you under a Power of Attorney, what traits to look for, and how to match the role with the right responsibilities
Appointing someone as your Power of Attorney (your “attorney”) is one of the most personal and powerful decisions you can make in your estate plan. Whether the role involves managing your finances or making personal care decisions, the person you choose will act on your behalf when you are no longer able to act for yourself.
This decision is not about popularity or proximity. It is about capability, trust, and fit. The right attorney protects your interests, supports your values, and ensures your life continues to reflect your choices even during difficult times.
What to Look for in a Good Attorney
Not everyone is suited to this role, even with the best intentions. You need someone who is prepared to step in with responsibility, objectivity, and care.
| Trait | Why It Matters |
|---|---|
| Trustworthiness | They will have access to your money, personal decisions, and private matters |
| Communication skills | They may need to talk with banks, doctors, lawyers, or family members |
| Organizational ability | Tasks can include paying bills, managing accounts, or coordinating care |
| Financial literacy (for Property) | Helps with handling accounts, taxes, or real estate |
| Emotional resilience (for Care) | Important for making tough health and lifestyle choices |
Tip: You can choose different attorneys for Property and Personal Care. Pick based on strengths—not just convenience.
Legal Requirements for Naming an Attorney in Ontario
In Ontario, your attorney must:
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Be at least 18 years old for a Power of Attorney for Property
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Be at least 16 years old for a Power of Attorney for Personal Care
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Be mentally capable at the time of signing
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Consent to take on the role
You can name more than one attorney. If you do, decide whether they must act together (jointly) or can act independently (severally).
Important: If your attorney lives in a different province or country, they may face added complications in carrying out their duties. Consider location when choosing.
Learn how to talk to the person you choose
Do not surprise your chosen attorney. This role can be demanding and emotionally challenging. A conversation up front helps ensure they are willing, able, and clear about what they are agreeing to.
Discussion points include:
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Why you are choosing them
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What your wishes and priorities are
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What support they can expect from professionals
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Who else knows about the plan and where documents are stored
Keep the conversation open and return to it periodically, especially if your situation or your relationship changes.
How Optimize Helps You Make the Right Choice
At Optimize, we help you make decisions that reflect your life—not just the law. We guide you through choosing your attorneys, documenting your wishes, and coordinating these choices with your financial, healthcare, and estate strategies.
We also:
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Help you clarify roles and responsibilities for each attorney
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Support conversations with your family or care team
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Review your POAs as life changes, so they stay current and effective
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Ensure your POA documents align with your investments and insurance
We bring the practical and emotional sides of this decision into one clear plan.
Why Choosing the Right Attorney Matters
Your Power of Attorney is your voice when you cannot speak for yourself. Choose someone who understands your values, who you trust to act with integrity, and who will be strong and steady when it matters most.
This is not about guessing who will say yes. It is about knowing who will say yes—and then follow through with the care, competence, and clarity your future deserves.
Make the choice with purpose. Give your attorney the tools they need. And protect your life with the same thoughtfulness you bring to the rest of your plan.