Who Can Witness a Power of Attorney in Ontario?
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In Ontario, you sign a power of attorney in front of two witnesses, who also sign it. Most adults can be a witness, including friends, neighbours and co-workers. Your attorney and their spouse or partner, your own spouse or partner, your children and anyone under 18 can’t, under the Substitute Decisions Act, 1992. You can also sign and have it witnessed online by video, as long as one witness is a licensed lawyer or paralegal.
Key Takeaways
- A power of attorney (POA) needs two witnesses who watch you sign and then sign it themselves.
- Your attorney, their spouse or partner, your spouse or partner, your children and anyone under 18 can’t be witnesses.
- Friends, neighbours, co-workers and most other adults can be witnesses.
- You can sign and have it witnessed by video, as long as one witness is a lawyer or paralegal licensed in Ontario.
- A POA doesn’t have to be notarized to be valid in Ontario, but it does have to be properly witnessed.
Sign your power of attorney online
Who Can Witness a Power of Attorney in Ontario?
Any adult who isn’t on the excluded list below can witness your POA. Common choices include:
- Friends
- Neighbours
- Co-workers or business associates
- Adult siblings, cousins, aunts or uncles who aren’t in an excluded group
- A lawyer, paralegal or notary public
Both witnesses have to be there when you sign, either in person or by video, and both sign the document as witnesses. The same rules apply to a continuing power of attorney for property and a power of attorney for personal care.
Who Can’t Witness a Power of Attorney?
Under the Substitute Decisions Act, 1992 (s.10), these people can’t be witnesses:
- Your attorney, or their spouse or partner
- Your spouse or partner
- Your child, or someone you treat as your child
- Anyone whose property is under guardianship, or who has a guardian of the person
- Anyone under 18
These rules protect you. Witnesses should be independent of the people who benefit from the POA.
Can a Power of Attorney Be Witnessed Virtually in Ontario?
Yes. Ontario allows a power of attorney to be signed and witnessed by video, as long as at least one of the two witnesses is a lawyer or paralegal licensed by the Law Society of Ontario. This has been a permanent rule since 2021.
Everyone joins the same video call, so the witnesses can see you sign. You sign your printed original in ink, and the witnesses sign a counterpart, which is a complete, identical copy of the document. Together they make up the signed POA.
With NotaryPro’s virtual wills and POA service, we provide both witnesses: a licensed NotaryPro notary and a second witness. You print your document, sign it on the video call, and we courier the witnessed counterpart back to you. The service is available to people in Ontario.
Sign your power of attorney online
Does a Power of Attorney Need to Be Notarized?
No. In Ontario, a POA is valid when it’s signed by a mentally capable person in front of two eligible witnesses. Notarizing isn’t required. Some banks, land registry offices or organizations outside Canada may ask for extra steps, like a notarized copy. Learn more in does a power of attorney need to be notarized?
What Happens on Signing Day?
- Everyone meets. You and both witnesses are present together, in person or on the same video call.
- Your identity is confirmed. The witnesses, or the licensed professional, check your government-issued photo ID.
- You sign and date the POA. The witnesses watch you sign.
- Each witness signs. Both witnesses sign and add their names and addresses as the form requires.
- Everyone keeps a copy. You keep the original, or the signed counterparts if you signed by video, and give copies to your attorney if you choose.
To prepare your document first, start with our power of attorney for property template or have us draft your power of attorney.
Mistakes That Can Invalidate a Power of Attorney
- Using an excluded witness, like your spouse, your child or the attorney’s partner
- Having only one witness, or witnesses who weren’t present when you signed
- Signing when you’re not mentally capable of making a POA
- Missing signatures or dates from you or a witness
- Signing by video without a licensed witness, since one witness has to be a lawyer or paralegal
If a continuing power of attorney for property doesn’t meet the witnessing rules, a court can still declare it effective in some cases, but that takes time and money. Getting the witnessing right the first time avoids the problem. To learn about the different kinds of POAs, see the types of powers of attorney in Ontario.
Frequently Asked Questions
Can a family member witness a power of attorney in Ontario?
Some can. Your spouse or partner, your children and the attorney’s spouse or partner can’t. Adult siblings, cousins, aunts or uncles can usually witness, as long as they aren’t the attorney or in another excluded group.
Can a power of attorney be signed and witnessed over video?
Yes. Ontario allows video witnessing if at least one witness is a lawyer or paralegal licensed by the Law Society of Ontario. With NotaryPro’s virtual wills and POA service, we provide both witnesses, so you don’t need to find your own.
Does a power of attorney need to be notarized in Ontario?
No. It needs to be signed in front of two eligible witnesses. Some organizations may ask for a notarized copy, so check with them. See does a power of attorney need to be notarized?
Can the same people witness both my POA for property and for personal care?
Yes. The same two witnesses can sign both documents, usually in the same session, as long as neither one is in an excluded group.
What happens if the wrong person witnesses my power of attorney?
The POA may not be valid. A court can sometimes still declare a continuing power of attorney for property effective, but it’s simpler to sign a new POA with eligible witnesses.
Can a neighbour or friend witness a power of attorney?
Yes. Neighbours, friends and co-workers are common witnesses, as long as they’re 18 or older and not your attorney or the attorney’s spouse or partner.
Sign Your POA Online with NotaryPro
You don’t need to find two witnesses and a place to meet. Sign your power of attorney by video from home, and NotaryPro provides both witnesses.