Get started

Importance of Valid Witnesses for a Power of Attorney

No items found.
Taimoor Qureshi
line
March 20, 2026
Ready to talk?
We’re here to answer all of your questions.
Follow us online
fb-icontwitter-icon

In one of our previous blog posts, we had gone over the significance of having power of attorney documents in place for your property and personal care Have you given thought as to who would make significant decisions on your behalf if something unfortunate would happen to you?

In this entry, we shall cover why it is important that the power of attorney documents get witnessed in accordance with the proper legal requirements.

In order for the power of attorney documents to be considered valid in the province of Ontario, the documents must meet the following criteria:

  • The grantor giving power of attorney needs to be over the age of 18 and must be of sound mind at the time of signing the power of attorney;
  • At least two individuals must witness the power of attorney documents; and
  • The grantor must be giving the power of attorney to the named power of attorney(s) without any undue influence; duress; or pressure.

The last point above is very important to keep in mind when deciding on choosing who shall witness the power of attorney documents. As such, in order to avoid any complications on the validity of an executed power of attorney document, it is imperative that that the following individuals are not chosen as witnesses for the power of attorney documents:

  • The grantor who is giving the power of attorney;
  • The spouse or common law partner of the grantor;
  • A child of the grantor or someone who the grantor treats as his or her child;
  • The spouse of a child of the grantor or someone who the grantor treats as his or her child;
  • A person whose property is under guardianship or who has a guardian; and
  • A person under the age of 18.

 

In order to avoid any such issues when having your power of attorneys prepared, it is best to retain the services of a lawyer who is well versed in such matters.

For detailed legal advice on how to prepare a Power of Attorney for Personal Care and a Power of Attorney for Property contact one of our lawyers via email and/or telephone and we would be more than happy to assist you! Kormans

kormans-logo
linekormans-logokormans-logo
Taimoor Qureshi
Junior Partner
tqureshi@kormans.ca
About
Taimoor

Taimoor’s practice areas include Commercial law; Commercial Leasing; Corporate law; Mortgages; Residential Real Estate; and Wills and Estates.Taimoor was called to the Bar of Ontario and joined Kormans LLP in January 2019.Prior to joining Kormans LLP, Taimoor articled and clerked for boutique law firms where his exposure to residential and commercial matters from beginning to end helped develop his knowledge and skills in the aforementioned areas of la.

Taimoor is a strong believer in efficient client communication and does his best to keep clients as up to date as possible along all steps of a transaction.In his spare time, Taimoor is an avid follower of all major sports and enjoying the outdoors during the summer months.

Related Services

Related Blog Posts
Corporate Law
Some Key Points to Consider When Entering a Commercial Lease as a Tenant – Part Four
Taimoor Qureshi
In the volatile residential real estate market conditions in Ontario during the past year or so the forfeiture of deposits has become a crucial issue often encountered during  ...
May 9, 2025
Corporate Law
Some Key Points to Consider When Entering a Commercial Lease as a Tenant – Part Three
Taimoor Qureshi
In the volatile residential real estate market conditions in Ontario during the past year or so the forfeiture of deposits has become a crucial issue often encountered during  ...
March 27, 2025
Real Estate Law
Some Key Points to Consider When Entering a Commercial Lease as a Tenant – Part Two
Taimoor Qureshi
In the volatile residential real estate market conditions in Ontario during the past year or so the forfeiture of deposits has become a crucial issue often encountered during  ...
February 20, 2025
Recent Blog Posts
Wills And Notary
Importance of Valid Witnesses for a Power of Attorney
Taimoor Qureshi

Learn the legal requirements for witnessing a Power of Attorney in Ontario, including who can and cannot act as a witness to ensure your documents are valid.

March 20, 2026
Real Estate Law
Levelling the Playing Field for Residential Landlords
David H. Korman

Bill 60, the Fighting Delays, Building Faster Act, 2025, updates Ontario’s Residential Tenancies Act to reduce delays, speed up LTB processes, and create a fairer system for residential landlords.

March 12, 2026
Corporate Law
Starting a Business in Ontario: Name Registration
M. Wajahat Faizan

Learn the legal implications of registering a business name in Ontario, including NUANS searches, renewal requirements, and the difference between registration and incorporation.

February 19, 2026
kormans-logo