What to know about appointing a power of attorney for property or mandatary for property

Financial disputes over the family home are common, and older Canadians can be vulnerable if pressured to sell a property.

A well-crafted power of attorney/protection mandate for property may help prevent your home from being sold against your wishes—especially if you plan to age in place.

“A power of attorney for property document is a core part of any estate plan, yet is sometimes treated as an afterthought,” says Susannah Roth, LL.B, TEP, a consultant at RBC Wealth Management, Royal Trust.

“People spend a lot of time and energy on their Will. The power of attorney for property is often a secondary request. People don’t always think through who it makes the most sense to appoint [in this document],” says Roth.

What is a power of attorney for property/mandate?

A power of attorney for property (a mandate in Quebec) is a legal document that gives someone you appoint the authority to make decisions on your behalf over all or some of your finances and property.

The person you appoint is called your “attorney for property” in Canadian common law provinces (every province except Quebec, a civil law province), or a “mandatary” in Quebec.

In the common law provinces of Canada, there are generally two types of powers of attorney for property:

1. General power of attorney: your attorney may act on your behalf, even while you’re capable of making decisions. This may be limited to a specific task, such as closing a real estate sale while you travel. If you become mentally incapable—due to a sudden illness, stroke, accident or dementia—the authority granted in this document ends.

2. Continuing power of attorney: your attorney can continue to act on your behalf, even if you become mentally incapacitated, also known as an “enduring power of attorney.”

In Quebec, you can appoint a person to perform transactions on your behalf in a mandate (also called a “power of attorney”) while you are capable. A “special” mandate is for a particular matter, and a “general” mandate is for all your financial affairs. A “protection mandate,” on the other hand, allows you to appoint a person or persons to act on your behalf if you are no longer able to take of yourself or your finances, as further described below.  

A spouse or adult child is often the first choice for the role of attorney for property or mandatary, but this deserves careful consideration, says Roth.

“Can this person do the job properly? Do you have any concerns regarding what they would do with your property? Are there any potential conflicts with family members? Do they have time to help you or are they already busy with family, work, etc.?” asks Roth.

Who takes over if you’re incapable?

In most common law provinces, a continuing power of attorney (whereby your attorney can still act on your behalf if you are incapable) can take effect at the time you sign it, unless you say otherwise.

In Quebec, a protection mandate takes effect once you are declared incapable and the protection mandate is homologated by the Superior Court; this requires medical and psychological assessments of your incapacity.

Without a continuing power of attorney or protection mandate, no one automatically has authority to make financial decisions for you—not even a spouse. Assets can be frozen until the court appoints a guardian (sometimes called a committee, or in Quebec, a tutor).

A court application for such an appointment is typically time-consuming and expensive, and the legal burden on the guardian/tutor is generally more onerous than on an attorney/mandatary for property. Moreover, you cannot choose in advance who will be appointed as guardian/tutor, as the court will decide based on your best interests at the time of the appointment.

The duties of an attorney/mandatary for property

Acting as someone’s attorney or mandatary is a serious legal responsibility. The person whom you appoint with this power must be trusted to:

• Always act in your best interest
• Avoid conflicts of interest
• Keep your finances separate from theirs
• Use assets only for your benefit
• Be accountable and keep records
• Manage assets prudently

An attorney/mandatary for property generally has broad powers of administration with few limits. One example of the things they can’t do, by law, is change your Will or your beneficiary designations on registered plans or insurance policies.

Make your wishes regarding your finances clear to family members

Consider how your attorney/mandatary for property might navigate tricky family dynamics.

“People say they want to age in place or stay in their home as long as possible. But they don’t always put in writing what they want; rather, they assume their loved ones will know,” says Roth.

“Decisions can become charged: a disagreement is ostensibly over the sale of the home, but family members are really fighting over emotional issues. Things like: ‘Mom promised me this property’ or ‘I want to buy the house from the estate after mom dies, so I don’t want her attorney for property to sell it now.'”

Family members may not always remember what you said clearly when the time comes to implement your wishes. It can therefore be helpful to write a letter of wishes or instructions to your attorney, says Roth. And even with these wishes clearly spelled out, a sale may be required if proceeds are needed to finance the cost of care.

Also, a power of attorney/protection mandate can include instructions regarding your home and the use of your assets to financially support family members—a spouse, for example—who may wish to continue to reside in the family home.

A power of attorney/protection mandate can be misused

There are risks and advantages of a power of attorney or protection mandate, as you are trusting someone to act in good faith.

Misuse of power of attorney has become such a concern in real estate that some realtors describe it as a “minefield,” according to the British Columbia Real Estate Association.

Disputes usually involve a conflict of interest, theft or an invalid power of attorney:

• In Jan. 2025, an Ontario court ruled that the brother of a 91-year-old man abused his authority by depleting retirement funds and selling a condo. Proceeds from the sale were transferred to the Public Guardian and Trustee. (Public Guardian and Trustee v. Hara )
• In an often-cited case, the Court of Appeal in British Columbia upheld damages awarded to a man whose Vancouver house had been sold out from under him. His wife and son used a forged power of attorney while he was overseas. (Dhillon v. Dhillon )
• Misuse of power of attorney can be prosecuted as fraud under Canada’s Criminal Code . In Dec. 2025, an Ontario man was sentenced to jail for misappropriating funds when his common-law partner went into long-term care. (R. v. Ehrhardt )

Can the person you appoint handle the job?

Even if you trust someone, will they be burdened by keeping records, filing taxes and being accountable for every decision if questioned by your beneficiaries/heirs, family members or the provincial authority which has oversight of attorneys/mandataries?

In Quebec, a mandatary’s responsibilities include providing a detailed accounting of their administration, along with supporting documents (such as receipts).

“The mandatary has an obligation to render accounts, justify expenses and keep every receipt. It can be very problematic if they are unaware of this obligation,” says Elisabeth Evans-Olders, LL.B., TEP, principal trust specialist (civil law) at RBC Wealth Management, Royal Trust.

“It’s important to consider these obligations when naming someone,” she says.

The same responsibility to keep records applies to attorneys for property in common law provinces, says Roth, although a formal accounting is not usually required.

When to consider professional help

Naming a corporate attorney/mandatary for property could be an option for taking pressure off family or friends and protecting your interests.

As a neutral third party, the attorney may be better placed to make decisions for you if you’re incapable and administer your assets according to your wishes.

“Ultimately, the attorney for property must act in your best interests and provide funds for your care. It’s important to choose carefully—not just name someone by default,” says Roth.

Frequently asked questions

Q: What is a power of attorney for property (in common law provinces)?

A: A power of attorney for property is a legal document that gives someone you trust the authority to make decisions on your behalf for all or some of your finances and property. This can include the authority to sell your home.

Q: What is a protection mandate?

A: In Quebec, a protection mandate takes effect once you are declared incapable and the protection mandate is homologated by the Superior Court. It is a legal document that gives someone you trust the authority to make decisions on your behalf regarding your person and your property.

Q: What is the difference between a general power of attorney and a continuing power of attorney (in common law provinces)?

A: A general power of attorney allows someone to act on your behalf while you are capable, but ends if you become mentally incapable. A continuing power of attorney (or enduring power of attorney) allows your appointed attorney to continue acting on your behalf even if you become mentally incapacitated.

Q: What happens if I don’t have a continuing power of attorney or a protection mandate?

A: Without a continuing power of attorney or a protection mandate, no one automatically has the authority to make financial decisions for you in the event you become incapable, not even your spouse. Your assets may be frozen until a court appoints a guardian (also called a committee) or tutor to manage your affairs.

Q: How do I choose the right attorney/mandatary for property?

A: When choosing an attorney for property, consider whether the person you trust will be able to handle the burden of keeping records, filing taxes and being accountable for every decision made on your behalf, and will have the time to do so. You should also consider whether they will likely be around and capable if you become incapable—if they are the same age as you, this could mean they won’t be in a position to act for you when the time comes. You might also consider naming a corporate attorney/mandatary, to take the pressure off family and friends while protecting your interests.

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