A: There are specific requirements for who can witness your power of attorney documents. The witness must be a "completing witness," which means they are certifying that they have witnessed you sign the document and that you appeared to have the capacity to understand the nature and consequences of the document.

A completing witness can be:

A lawyer or paralegal who is a member in good standing of the Law Society of Ontario.

A notary public who is a member in good standing of the Society of Notaries Public of Ontario.

A person who is licensed by the government to solemnize marriages in Ontario, such as a religious official or a judge.

It's important to note that the person you choose to witness your power of attorney document must not be:

A person who is named as an attorney in the power of attorney document.

A spouse or partner of the person who is named as the grantor of the power of attorney.

A relative of the person who is named as the grantor of the power of attorney, including a spouse, parent, child, sibling, grandparent, or grandchild.

A person who is under the age of 18.

A: Witnessing a signature of the executant:  The term "executant" typically refers to the person who signs or executes a legal document. In the context of a POA, the executant is the person who is granting the authority to another person (the attorney) to act on their behalf in relation to their property, finances, or personal care. The executant is the person who is creating the power of attorney and giving the attorney the power to make decisions and take actions on their behalf.

A:  A notarized power of attorney is a legal document that has been signed and stamped by a Notary Public, lawyer or paralegal to certify that they have witnessed the signing of the document and verified the identity of the person signing it. This document gives the attorney-in-fact or the person appointed as the representative the legal authority to act on behalf of the grantor.

A notarial certificate, on the other hand, is a separate document that is attached to the power of attorney. It is also signed and stamped by a Notary Public and contains a statement that confirms the identity of the person who signed the power of attorney document and the date and location where it was signed.

Having both a notarized power of attorney and a notarial certificate can help to ensure that the document is legally valid and can be used when needed. The notarial certificate provides additional evidence that the document was properly executed and can help to avoid challenges to its validity. 

It's important to keep both the notarized power of attorney and the notarial certificate in a safe place and provide copies to the attorney-in-fact and any other relevant parties.

A:  We can provide you with the notarial certificate. As stated abobe, it is a separate document that is attached to the power of attorney and certifies that the Notary Public has witnessed the signing of the document and verified the identity of the person signing it.

When you meet with us, we will attach it to the power of attorney document and then sign/ stamp it to certify that we have witnessed the signing of the document and verified your identity.

It's important to keep both the notarized power of attorney and the notarial certificate in a safe place and provide copies to the attorney-in-fact and any other relevant parties.

A:   Whether or not you need a power of attorney depends on your specific situation and needs. 

A power of attorney can be a useful tool to ensure that your affairs are taken care of by someone you trust in the event that something should happen unexpectedly or you're unavailable or unable to manage your own affairs for a period of time.  

However, a power of attorney is not always necessary or appropriate. For example, if you have a joint bank account with someone, that person may already have the authority to manage the account if you become incapacitated. Similarly, if you have a trust in place, the trustee may already have the authority to manage your assets.

It's important to consider your specific needs and circumstances when deciding whether or not to have a power of attorney. If you're unsure, it may be helpful to consult with a lawyer or other professional for guidance.

A: While notarization is not required by law, it can help to ensure that the document is legally valid and enforceable.

Having a notary public witness your signature and confirm your identity can provide additional assurance that the document has been executed in accordance with all legal requirements. It can also help to protect against challenges to the validity of the power of attorney and ensure that it is accepted by banks, financial institutions, and other third parties.

In addition to notarizing the document, we recommend that you work with a lawyer to ensure that your power of attorney meets all legal requirements and reflects your specific wishes and circumstances. A lawyer can help to ensure that the power of attorney is properly drafted and tailored to your needs, and can provide guidance on any legal issues or considerations that may arise.

A: In Ontario, a valid power of attorney must meet the following requirements:

Capacity: You must have the capacity to grant the power of attorney. This means that you must be capable of understanding the nature and consequences of the power of attorney and the authority you are granting to your attorney-in-fact.

Form: The power of attorney must be in writing, signed by you or by someone you authorize to sign on your behalf, and witnessed by two people who are not the attorney-in-fact or related to the attorney-in-fact.

Specificity: The power of attorney must clearly state the specific powers you are granting to your attorney-in-fact.

Compliance with legal requirements: The power of attorney must comply with all legal requirements, including any specific requirements under the Substitute Decisions Act, 1992, and any other applicable laws.

Revocation: You must have the ability to revoke the power of attorney at any time, as long as you have the capacity to do so.

It's important to note that there are different types of powers of attorney in Ontario, including Continuing Powers of Attorney for Property, Powers of Attorney for Personal Care, and General Powers of Attorney. Each type of power of attorney has its own specific requirements and considerations.

If you're considering creating a power of attorney, it's a good idea to consult with a lawyer or other professional to ensure that your power of attorney meets all legal requirements and reflects your wishes and circumstances.

A: In Ontario, an attorney appointed under a power of attorney is entitled to be compensated for their services, provided that the power of attorney expressly allows for compensation and that the compensation is reasonable and proportionate to the work performed.

If the power of attorney does not expressly provide for compensation, the attorney is not entitled to be compensated unless they are acting in a professional capacity, such as a lawyer or accountant.

It's important to note that any compensation paid to the attorney must be reasonable and proportionate to the work performed, and must be approved by the grantor or by the court, if necessary. The attorney must also keep accurate records of their time and expenses, and provide regular reports to the grantor or their substitute decision maker.

If you're considering appointing an attorney under a power of attorney, it's important to discuss compensation with them and ensure that the terms are clearly outlined in the document. It's also a good idea to consult with a lawyer or other professional to ensure that the compensation arrangement is fair and reasonable, and that it complies with all legal requirements.

A: In Ontario, you can appoint anyone over the age of 18 to be your attorney under a power of attorney, as long as they are mentally capable and willing to act in that role. It is important to choose someone who is trustworthy and reliable, and who will act in your best interests.

You can choose to appoint one or more attorneys to act jointly or separately, and you can also appoint an alternate or substitute attorney in case your primary attorney is unable or unwilling to act. It's important to discuss your wishes and expectations with your chosen attorney(s) before appointing them, and to ensure that they understand their responsibilities and obligations under the power of attorney.

In some cases, it may be appropriate to appoint a professional, such as a lawyer or accountant, as your attorney. This may be particularly useful if you have complex financial or legal affairs, or if you do not have any trusted family or friends who are able or willing to act as your attorney.

Ultimately, the decision of who to appoint as your attorney under a power of attorney is a personal one, and will depend on your individual circumstances and needs.

A: Generaly speaking, no, the witnesses for a power of attorney in Ontario must be present at the same time and in the same location as the person who is signing the document (the grantor). 

This means that the witnesses cannot sign the power of attorney at different times or in different places.

The purpose of having witnesses is to ensure that the grantor is signing the document voluntarily and that they understand the nature and effect of the power of attorney. Having witnesses present at the same time and location as the grantor helps to prevent fraud and abuse by ensuring that the document is properly executed and that everyone is aware of the grantor's intentions.

If the witnesses are unable to be present in person, there is an option for them to witness the signing of the power of attorney through videoconferencing, as long as certain conditions are met. However, this process is more complex and should be done with the guidance of a lawyer. 

In this case, we suggest that you contact your lawyer or the recipient to first obtain confirmation on whether you can sign in front of a notary and then at a seperate time/place sign in front of  witnessess or vice versa, witnesses first then a  notary public.