Power of Attorney Online Witnessing in Ontario

Key Takeaways

• Ontario has allowed lawyers and notaries to witness the signing of Powers of Attorney remotely since April 2020.
• The client affixes a physical signature on a paper copy of the Power of Attorney or Will with wet ink during an online video call. Witnesses, including the notary, observe and sign their own paper copies.
• Both Powers of Attorney and Wills maintain requirements for physical ink signatures on paper.
• Clients can book an online commissioning appointment if the Power of Attorney is signed and only requires notarization.
• Ontario Regulation 342/21 opened the door for the virtual witnessing and commissioning of Powers of Attorney and Wills.

Up until very recently, Power of Attorney documents were required to be signed and witnessed in person. Due to the COVID outbreak, as of April 2020, the Ontario Ministry of the Attorney General is now permitting lawyers and notaries to virtually witness the physical signing of Powers of Attorney.

How does virtual witnessing of a Power of Attorney work?

Can I Electronically Sign a Power of Attorney or Will?

• No. Both a Will and Power of Attorney must be physically ‘wet’ signed on paper. However, you can physically sign your Will or POA with wet ink via online video call, without needing to sign in person.

What if My Power of Attorney is Signed and I Only Need it Notarized?

• Simply book a remote online notarization appointment. You will be asked to upload the document, a copy of your ID, and provide the email addresses for any witnesses. When joining the appointment your Notary will guide you through the digital signing process.

Is Virtual Witnessing and Notarization for POAs and Wills Legal?

• The Ministry of the Attorney General issued Ontario Regulation 342/21 (formerly an emergency order under O. Reg. 129/20 (As amended: April 22, 2020).

So there you have it, with everyone adjusting to the new reality of social distancing, Notary Pro is here to ensure your Power of Attorney and overall estate planning needs are met conveniently, securely, and online.

Get Started with Your Power of Attorney

NotaryPro works with many partners to help clients get their estate documents, including Powers of Attorney, done in a convenient and easy way. Discover our Estate partners here, or visit Epilogue to find out how you can start securing your estate or getting your Power of Attorney.