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Powers of attorney lawyer in Mississauga

A power of attorney lets someone you trust manage your money and make personal care decisions if you cannot. Lawcrest helps individuals and families across Mississauga and the GTA put the right documents in place, in plain language, so your wishes are respected and your loved ones are protected.

Confidential and privilegedPlain-language adviceFees discussed upfrontMississauga office
Plan while you can

A power of attorney must be signed while you are mentally capable. If you wait until a crisis, it may be too late.

416-830-3369

Why you need a power of attorney

If you become ill or injured and cannot make decisions, someone must step in. Without a power of attorney, your family may have to go to court or wait for a government process before they can manage your finances or make care decisions for you.

It is not only for older people. An accident or sudden illness can happen at any age, and in Ontario, parents do not automatically have authority over their adult children.

We explain your options in plain language, help you choose the right people and prepare documents that match your wishes and meet Ontario requirements.

  • Adults of any ageEveryone over 18 benefits from having these documents in place.
  • Families and caregiversPlanning for parents, spouses and adult children.
  • Business ownersMaking sure the business and your finances can keep running.

Two kinds of power of attorney

In Ontario there are two separate documents, and most people need both.

Continuing power of attorney for propertyMoney and assets

Names someone to manage your finances and property, such as paying bills, handling bank accounts and dealing with real estate. It can continue to work if you become incapable.

Power of attorney for personal careHealth and daily life

Names someone to make personal care decisions if you cannot, including health care, housing, food, clothing and safety. It generally takes effect only when you are incapable.

Documents and services we offer

If your situation is not listed, call us. We will tell you plainly how we can help.

Power of attorney for property

The document that lets your chosen person manage your finances and assets.

Power of attorney for personal care

The document that names who decides about your health and care if you cannot.

Joint and backup attorneys

Choosing more than one attorney, and naming a replacement if the first cannot act.

Specific or limited powers

For one task, such as a real estate closing while you are away.

Business owner planning

Making sure your business and shares can be managed if you are unavailable.

Young adults and students

Documents for adult children, so parents can help in an emergency.

Reviewing and updating

Checking that an older document still reflects your wishes and the law.

Help for attorneys

Guidance for people who have been named and now need to act.

When should you speak to a lawyer?

The best time is now, while you are healthy and able to decide for yourself.

  • You do not have a power of attorneyMost people do not, and it is easier to set up before you need it.
  • Your documents are oldCircumstances, relationships and laws change.
  • You are travelling or moving abroadA specific power of attorney can help while you are away.
  • A family member is decliningIf they are still capable, there may still be time to act.
  • You have just been named as an attorneyYou have legal duties and should understand them.
  • You own a business or propertyYour affairs need someone who can step in.

Choosing the right attorney

This is the most important decision. The person you choose will have significant power over your finances or your care.

  • Someone you trust completelyHonest, organized and willing to act in your best interests.
  • Someone capable and availableAble to take on the responsibility, now and in the future.
  • A backupNamed in case your first choice cannot or will not act.
  • One person or severalSeveral attorneys can act together or separately. We explain the pros and cons.
  • Fairness in the familyWe help you think through how your choice may affect relatives.

What an attorney must do

Being an attorney is a serious legal role, not just an honour. Attorneys have duties to the person they act for.

  • Act in the best interests of the personAnd follow their known wishes where possible.
  • Keep their money separateNever mixing it with your own funds.
  • Keep recordsOf everything received and spent on their behalf.
  • Act honestly and with careAvoiding conflicts of interest and improper gifts or loans.
  • Encourage independenceSupporting the person to make their own decisions where they can.

Common mistakes we help you avoid

A power of attorney that is invalid or unclear can cause the very problems it was meant to prevent.

  • Improper witnessingOntario has strict rules about who may witness a signing.
  • No backup attorneyLeaving no one to step in if the first choice cannot act.
  • Unclear powers or conditionsWording that leaves banks and others unsure what the attorney can do.
  • Choosing for the wrong reasonsPicking someone because of pressure or family politics.
  • Nobody knows where the documents areDocuments that cannot be found when they are needed.
  • Never updatingDocuments that no longer match your life.

Do not wait: capacity matters

You must be mentally capable to sign a power of attorney. If you lose capacity without one, your family may need to apply to the court to be appointed guardian, or a government process may apply. This can be slow, costly and stressful.

A power of attorney ends at death. After that, your will and your estate plan take over. We can help you plan all of them together.

How we work with you

A clear process, with no surprises about where your documents stand.

Consultation

You tell us about your family, assets and wishes. We listen, ask the right questions and explain your options in plain language.

Choose your attorneys

We help you decide who to appoint, how they will act together and who your backups should be.

Set your instructions

We record your wishes and any limits or conditions on the powers you are giving.

Prepare the documents

We draft clear documents that meet Ontario requirements and fit your situation.

Signing

We arrange a proper signing with the required witnesses, so the documents are valid.

Keep them safe

We explain where to keep the originals and who should receive copies, and when to review them.

How we price our work

We discuss costs at the start, so you can plan and decide with confidence.

Property power of attorneyOne document

A continuing power of attorney for property, prepared and signed correctly.

Personal care power of attorneyOne document

A power of attorney for personal care, with your wishes recorded.

Both documents togetherOften the best approach

Preparing both documents together, and coordinating them with your will if you have one.

Specific powers of attorneyFor one purpose

A limited document for a particular transaction or time period.

Review of existing documentsKeep them current

A check that your current documents are valid, clear and still right for you.

What to bring to your consultation

Do not worry if you do not have everything. Bring what you can, and we will tell you what else is useful.

  • Government-issued photo ID
  • The full names and contact details of the people you may appoint
  • Any existing powers of attorney or your will
  • A general list of your assets and responsibilities
  • Notes about your wishes for care and decisions
  • Questions or concerns about your family situation

Why clients choose Lawcrest

You are trusting us with some of the most personal decisions you will make. This is how we earn that trust.

Plain-language advice

No jargon. You understand each choice before you make it.

Cost clarity

We discuss our fees at the start so you can decide with full information.

Respectful and discreet

We treat your family and wishes with care.

Confidential

What you tell us is protected by solicitor-client privilege.

Responsive

Your questions get answers, and you hear from us as your file moves.

Done correctly

Proper drafting and signing, so your documents hold up when needed.

Regulated lawyers

Lawcrest is a professional corporation regulated by the Law Society of Ontario.

Local and accessible

Meet us at our Matheson Blvd office in Mississauga, or arrange a call.

Frequently asked questions

Still not sure? Call 416-830-3369 and we will talk it through.

What is a power of attorney?

It is a legal document that lets you name someone to make decisions for you. In Ontario, one document covers your property and finances, and another covers your personal care, including health care.

Do I need one if I already have a will?

Yes. A will only takes effect after death. A power of attorney helps while you are alive but unable to make decisions. They do different jobs, and you generally need both.

Who should I choose?

Choose someone you trust, who is capable and willing to act. Consider naming a backup. We talk through your options and the family issues that can arise.

When does a power of attorney take effect?

A continuing power of attorney for property can take effect right away, or on a date or event you choose. A personal care power of attorney generally only takes effect if you are incapable of making the decision.

What happens if I do not have one?

If you lose capacity, your family may need to go through a court process or a government process to get authority. It can be slow, costly and uncertain, and the person appointed may not be who you would have chosen.

Can I change or cancel it?

Yes, as long as you are mentally capable. You can revoke a power of attorney and sign a new one. We help you do this properly so there is no confusion.

Does it need to be registered?

Generally not for general use, but some situations, such as real estate transactions, have additional requirements. We explain what applies to you.

Is my information confidential?

Yes. Your communications with us are protected by solicitor-client privilege.

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