A Power of Attorney and an Executor serve different roles at different times in your life. A Power of Attorney acts on your behalf while you’re alive but unable to manage your own affairs. An Executor steps in after you pass away to settle your estate. An estate lawyer in Ontario understands this distinction and helps you choose the right people for these roles.
What Is a Power of Attorney in Ontario?
A Power of Attorney is a legal document that gives someone else authority to make decisions if you become mentally incapable while you’re still living. In Ontario, a Continuing Power of Attorney for Property allows your chosen attorney to manage your financial affairs, including:
- Paying bills and managing bank accounts
- Filing tax returns
- Managing investments and real estate
- Entering into contracts on your behalf
Power of Attorney for Personal Care gives authority to make healthcare and personal decisions, such as:
- Consenting to medical treatment
- Deciding where you live
- Making nutrition and hygiene decisions
Your Power of Attorney becomes invalid when you die. At that point, authority shifts to your Executor.
What Is an Executor in Ontario?
An Executor is the person named in your will to administer your estate after you pass away. This role only begins after death and involves substantial responsibilities under Ontario estate law. Executor duties in Ontario include:
- Locating and securing estate assets
- Applying for probate if required
- Paying outstanding debts and final taxes
- Distributing assets to beneficiaries according to the will
- Managing estate administration from start to finish
Common Misunderstandings About Powers of Attorney and Executors
Many people assume that whoever has Power of Attorney automatically becomes Executor after death. This isn’t true unless you’ve specifically named that person as Executor in your will. These are separate appointments requiring separate documents.
Another misconception is that family members automatically have the authority to make decisions after death. In Ontario, only the Executor named in your will has legal authority over estate matters. Without a valid will naming an Executor, the court must appoint an estate administrator.
Some believe a Power of Attorney can change a will or make decisions about estate distribution. Powers of Attorney cannot alter your will, name beneficiaries, or control what happens to your estate after death. Only you can change your will while you’re alive and mentally capable.
FAQs
Can the same person be both my Power of Attorney and my Executor?
Yes, you can name the same person to both roles if you trust them to handle your affairs during life and settle your estate after death. However, you must make these appointments separately in your Power of Attorney documents and your will.
What happens if I don’t have a Power of Attorney and become incapable?
Without a Power of Attorney in Ontario, someone would need to apply to court to become your guardian of property or person. This process is expensive, time-consuming, and gives you no control over who the court appoints.
Who can make decisions after I die if I don’t name an Executor?
If you die without a will naming an Executor, the court must appoint an estate administrator under Ontario estate administration rules.
Protect Your Interests During Life and After Death
Choosing appropriate people for Power of Attorney and Executor roles requires careful consideration. If you need guidance on estate planning, contact GS Brar Law at 905-291-3297. An estate lawyer in Ontario can help you understand your options and create documents that protect your interests and your family’s future.
