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ARTICLE · 25 NOVEMBER 2022

"Effective Immediately" Versus "Springing" Continuing Powers Of Attorney For Property

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Under a continuing power of attorney for property (for ease of reference, referred to throughout this blog as a power of attorney), a grantor can give the authority to one or more people...

CanadaFamily and Matrimonial
Marly Peikes
Marly Peikes
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Under a continuing power of attorney for property (for ease of reference, referred to throughout this blog as a power of attorney), a grantor can give the authority to one or more people to manage their money and property on their behalf. In Ontario, the person appointed in this role is referred to as an "attorney" (this is not a reference to the grantor's lawyer). Unless the grantor limits their attorney's powers, their attorney for property has the power to do anything on their behalf with respect to their property that they could do if capable, except make a will.


Given the power that is being granted to the attorney for property and the potential for misuse and abuse, there are a number of considerations to balance protecting the grantor and practicality, one of which is when the power of attorney should come into effect.

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