When a parent is diagnosed with dementia, it can raise urgent questions about who will make decisions on their behalf if they’re no longer able to do so themselves. One of the most important legal tools for planning ahead is a Power of Attorney (POA). But what happens if dementia is already affecting their memory or judgment? Can they still appoint you—or is it too late?
Here’s what Ontario families need to know.
1. What is a Power of Attorney?
In Ontario, there are two types of Power of Attorney:
(1) Power of Attorney for Personal Care – for decisions about health care, shelter, safety, clothing, hygiene and safety.
(2) Continuing Power of Attorney for Property – for decisions about finances, banking, and managing property
Each type has its own legal test for capacity. It’s possible for a person to be capable of making a Power of Attorney for Personal Care while no longer having the capacity to make a Continuing Power of Attorney for Property. For example, someone might still understand who they trust to make health care decisions, but be unable to grasp the complexities of managing investments or assets.
2. Does My Parent Still Have Capacity?
To sign a valid Power of Attorney, your parent must have the mental capacity required under Ontario law at the time of signing. Capacity has a specific meaning under the law.
In early dementia, your parent may still meet this test. But if their dementia has progressed to the point that they don’t understand what they’re signing, they likely no longer have the legal capacity to create a Power of Attorney.
A capacity assessment can help clarify whether they have the capacity to make valid POAs. If you're uncertain, it’s wise to speak with a lawyer who can guide you through the options and arrange for an assessment if needed.
3. What Happens If They Don’t Have Capacity?
Unfortunately, once a person loses capacity, it’s too late to create a Power of Attorney. No one—not a family member, not a lawyer—can sign a Power of Attorney on their behalf.
If your parent hasn’t already named someone as attorney, and decisions need to be made about their care or finances, you may need to seek guardianship. This legal process allows you (or another suitable person) to be appointed as their guardian of property and/or guardian of the person—giving you the authority to manage their affairs.
Guardianship of the person involves filing an application with the Ontario Superior Court of Justice, providing evidence of incapacity, notifying certain people, and following court procedures. It’s more time-consuming, costly, and invasive than Power of Attorney—but in some cases, it’s the only option. However, in many cases families can get by without guardianship or a POA for personal care - we always discuss this possibility before proceeding with guardianship.
Guardianship of the property can involve going to court, but there is also a non-court alternative that is usually worth exploring, too.
We can help you navigate this process. We work with families to prepare and file guardianship applications, ensure the paperwork is in order, and guide them through each step.
4. Why Acting Early Matters
A dementia diagnosis doesn’t necessarily mean someone has lost capacity. Many people with early-stage dementia can still legally make a Power of Attorney. But because dementia is progressive, the opportunity to do so may not last. Acting early gives your parent a voice in who they trust - and helps avoid the more complex and costly guardianship process later.
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