The Role of an Attorney for Property

Introduction

The purpose of this fact sheet is to explain the important role of an attorney for property. It explains what is involved in being an attorney for property, what the attorney is allowed to do and how the attorney is supposed to meet his or her obligations to an incapable person.

The term “attorney” refers to a person who has been appointed to look after the property of another person pursuant to a continuing power of attorney for property made under the Substitute Decisions Act, 1992. “Property” is anything a person owns, including real estate such as a house or a cottage, bank accounts, investments, jewellery and vehicles. Property also includes any money a person is entitled to receive, such as income, damages for a personal injury or an inheritance.

The powers and duties of an attorney for property are set out in the Substitute Decisions Act, 1992 and case law. This fact sheet is a summary only. It is not legal advice, and if you have questions about how to interpret this information, you should consult with a lawyer.