Powers of Attorney · Ontario

Do You Actually Need a Lawyer for a Power of Attorney?

We'll say this upfront: in many cases, you don't. Ontario's government provides a free kit, and if the instructions are followed carefully, it's usually valid and does the job. There are a few situations, though, where it's worth having a lawyer involved — here's exactly which ones.

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When you probably don't need us

If you're mentally capable and you simply want to name someone you trust to make decisions on your behalf, the free government Power of Attorney kit is usually enough — provided the instructions are followed carefully. We'd rather tell you that upfront than have you pay for something you don't need.

When it's worth talking to a lawyer

Capacity may be in question

If there's any doubt about someone's capacity to make a Power of Attorney, we'll typically require a capacity assessment before proceeding — specifically, one that assesses capacity to make a Power of Attorney. Not every capacity assessor covers that particular question, so it matters that the right kind is done. This isn't a formality: it confirms the person genuinely understood what they were doing and could give proper instructions. Skipping that step leaves the document open to being challenged later, and in some cases overturned entirely. Taking the time to do it properly now is what protects it down the road.

You have particular wishes

The fill-in-the-blank government forms really only let you name a person. Most people don't — and can't easily — add specific conditions or restrictions about care or finances. If you have something custom in mind, a lawyer can build it into the document properly, rather than leaving it to a form that wasn't designed for it.

There's a real risk of family conflict

Blended families, estranged relatives, or disagreement among adult children all raise the stakes. In these cases, the meeting isn't really just about what goes in the document — it becomes more of a risk-management conversation: how the POA might actually play out once it's being used, and how to reduce the chance of conflict down the line.

A practical lens, not just paperwork

Much of our experience comes from advising people while they're actually using a Power of Attorney — not just from drafting one. That gives us a practical view of what makes a POA work in real life, not just on paper.

We've seen documents that looked well-drafted on their face turn into a nightmare to use: hard to activate, with triggering conditions that set the whole thing up to fail. We've seen POAs used to take advantage of the very person they were meant to protect. And just as often, we've seen families with the best of intentions end up unable to use the document at all when it actually mattered.

If you have any concern along those lines — someone potentially taking advantage of a loved one, or a conflict you can already see coming — that's where we can add the most value. We don't just draft the document. We try to help you see around corners and problem-solve in advance.

Worth knowing: we do not draft wills. If that's what you're after, we can still help you figure out where to look.

Focused experience in Ontario health and caregiver law

Lisa Feldstein has focused her legal practice on family caregivers since 2013. She is an Adjunct Professor of Health Care Law at York University, and has been published and interviewed in outlets including the Canadian Journal of Family Law, CTV, and the National Post.

We work within your budget, offering everything from a single advice meeting to full representation, and can meet virtually so you don't have to leave your loved one home alone.

Read Lisa's full bio →

Powers of attorney: common questions

Do I need a lawyer to make a Power of Attorney in Ontario?

Not always. If you're mentally capable and want to name someone straightforwardly, Ontario's free government kit is usually sufficient, as long as the instructions are followed carefully.

What is a capacity assessment, and why would I need one?

It's an assessment of someone's capacity to make a Power of Attorney specifically — not every capacity assessor covers that particular question, so it matters that the right kind is done. We require it whenever capacity is in question, since it confirms the person understood what they were doing and helps protect the document from being challenged later.

Can a Power of Attorney include specific instructions or conditions?

Yes, but the standard fill-in-the-blank forms aren't built for it — they mainly let you name a person. If you want to set out particular wishes about care or finances, that's exactly the kind of document a lawyer should draft.

What if there's conflict or estrangement in my family?

This is one of the clearer cases for involving a lawyer. We treat it less like a document-drafting meeting and more like a risk-management conversation, thinking through how the POA might actually be used and how to reduce the chance of a family dispute later.

Do you draft wills?

No, we don't draft wills. Our focus is Power of Attorney documents and the family and health law issues that surround them.

Thinking about a Power of Attorney?