Appointing Multiple Attorneys Under a Power of Attorney for Property in Ontario

Can You Appoint More Than One Attorney?

Yes — in Ontario, you can appoint more than one attorney in your Power of Attorney for Property (POA).

This flexibility allows you to share responsibility, add oversight, and ensure continuity if one attorney is unable or unwilling to act.

You can name attorneys to act jointly, jointly and severally, or in succession, depending on your goals and trust level.

But how you structure it matters greatly for how your finances will actually be managed.

Joint vs. Several Appointments: The Key Difference

Joint Attorneys: All attorneys must act together on every decision.
  • Pros: Checks and balances; prevents unilateral actions.
  • Cons: Can cause delays or gridlock if one attorney disagrees or becomes unavailable.

Joint and Several Attorneys: Any attorney can act independently.
  • Pros: Convenient and flexible; easier for routine transactions and if the attorneys get along.
  • Cons: Higher risk of miscommunication or conflicting actions.

Successor Attorneys: A backup attorney steps in only if the first can’t act.
  • Pros: Simplifies oversight; good for contingency planning.
  • Cons: No shared decision-making while the first attorney is active.
Choosing Who to Appoint

When naming multiple attorneys, trust and communication are paramount. It’s best to choose:

People who share your values and understand your wishes.

Individuals who can collaborate effectively.

Attorneys who are financially literate or responsible.

If you’re appointing family members, consider potential conflicts (e.g., between siblings).

Disagreements can stall financial actions and may even require court intervention.

Practical Example

Suppose you appoint your two adult children as joint attorneys.

They must both sign cheques, authorize transactions, and make every financial decision together.

If one moves abroad or becomes unavailable, it could make even simple banking difficult.

By contrast, if you appoint them jointly and severally, either child could act alone, keeping things efficient—but at the cost of some oversight.

The right choice depends on your comfort level and family dynamics.

Avoiding Common Problems

Specify how attorneys will act (jointly, severally, or both) in clear language within the POA.

Include a mechanism for replacement or succession, so the POA doesn’t become unusable if one attorney dies or resigns.

Discuss your expectations openly with your chosen attorneys before finalizing the document.

Keep detailed records — attorneys are legally required to account for every transaction.
Legal Requirements Remain the Same

Even with multiple attorneys, Ontario law still requires that your POA for Property:

Be in writing.

Be signed and dated by you.

Be witnessed by two qualified adults (not your attorneys or their spouses).

Clearly indicate if it’s a Continuing POA that remains valid after incapacity.

A notarial service can ensure these details are properly recorded so your POA stands up to legal scrutiny.

Final Thoughts

Appointing multiple attorneys can strengthen oversight and continuity — but it can also introduce friction if not carefully structured.

The key is clarity: define each attorney’s role and ensure your document reflects your real-world intentions.

Take the Next Step

Protect your financial affairs with a customized Power of Attorney for Property that reflects your exact wishes — whether that means one attorney, several, or a succession plan.

Complete our online form to automatically generate your Ontario Power of Attorney, professionally formatted and ready for witnessing.
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