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Power of attorney for a parent: what families should know

Plain-words guide to power of attorney for a parent in Canada, the US and Australia: what the documents are, why timing matters, who to ask.

By Taranjit Singh, Founder, Cureva · October 20, 2026
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General information, not legal advice. Rules differ by province, state and territory. Ask a lawyer or notary about your own situation.

When a parent's health changes, families often find out that no one has the legal right to pay a bill, talk to the bank or make a care decision for them. This page explains the common documents in plain words, why timing matters, and who families usually ask for help.

The short version

  • A power of attorney is a legal document where one person (the "giver") names another person to act for them.
  • Money decisions and health or personal care decisions are often handled by different documents, with different names in different places.
  • Most of these documents can only be made while the person still has the mental capacity to understand what they are signing.
  • Rules, forms and names vary by place. A local lawyer or notary can say what applies.

Why timing matters

In Canada, the BC Public Guardian and Trustee says both the adult and the person they name must be capable when an enduring power of attorney is created. Ontario says you must be mentally capable to make a power of attorney. In Victoria, Australia, the Office of the Public Advocate says capacity is decision specific: a person may have capacity for some decisions but not others.

Without a document, the US Consumer Financial Protection Bureau says a family member may need a court-appointed guardian, a process it describes as lengthy, expensive and very public. Alberta says a family member or friend may have to go to court, which takes time and money.

Canada

British Columbia. The Public Guardian and Trustee describes two main documents.

  • An enduring power of attorney lets you appoint a trusted person to manage legal and financial affairs. It does not cover personal and health care decisions.
  • A representation agreement lets you give someone you trust legal authority to help you make decisions. It can cover personal and health care decisions, and one type can include routine financial affairs.

It also describes an advance directive, a written instruction that covers health care only. The Public Guardian and Trustee recommends seeking legal advice from a lawyer or notary, or a community legal clinic, and says a lawyer or notary must witness an enduring power of attorney that covers real estate.

Ontario. The Ontario government describes a power of attorney for property (paying bills, managing a home or investments) and a power of attorney for personal care (health care, housing, daily matters). If no one has been named, it says family members, including a spouse, cannot automatically make financial decisions and may need to go to court to become a guardian, with the Office of the Public Guardian and Trustee deciding only as a last resort. For personal care, it says family can make some decisions but not all.

On signing, the Ontario Powers of Attorney Kit says two people must witness your signature and both must be present together when you sign. Certain people cannot be witnesses: the attorney or their spouse or partner; the spouse, partner or child of the person making the document, or someone they treat as their child; a person whose property is under guardianship or who has a guardian of the person; and anyone under 18. The kit says virtual witnessing needs the participation of a lawyer or paralegal.

Alberta. The Alberta government describes an enduring power of attorney for financial decisions. It can start right away and continue if capacity is lost, or start only once capacity is lost. A separate personal directive covers personal matters that are not financial, such as medical treatment and where someone lives, and comes into effect only if the person is found to lack capacity. Alberta calls it "safest" to make an enduring power of attorney with a lawyer, and notes that the Office of the Public Guardian and Trustee cannot assess capacity.

United States

The US Consumer Financial Protection Bureau explains that a power of attorney lets someone you choose, called an agent, act for you. Plans made for the future are usually "durable," meaning they keep working after the person can no longer decide. Rules vary by location. A power of attorney gives the agent broad control with little routine oversight, so the CFPB suggests choosing someone you trust and telling family and advisers it exists. It says a lawyer can help, and that free legal aid may be available.

For health care, MedlinePlus (US National Library of Medicine) explains that a durable power of attorney for health care names a health care proxy, a person who decides about care if you cannot. A living will is different: it states which treatments you want if you are dying or permanently unconscious. The US Department of Veterans Affairs says state advance directives are legally binding under that state's laws, that some states require a particular form, and that laws vary from state to state, so a family with a parent who has homes in two states should check with health care providers or legal advisers in each place. Two state examples: Texas law says a medical power of attorney must be signed in front of two witnesses or acknowledged before a notary, and at least one witness cannot be the agent, a relative by blood or marriage, the attending physician, or someone entitled to part of the estate. California law says an advance health care directive needs a notary or two adult witnesses, and neither the patient's health care provider nor the named agent may witness. New York's Department of Health calls the person a health care agent, named on its Health Care Proxy form, and suggests giving copies to the agent, the primary care provider and family.

Australia

Rules are set by each state and territory, so the names and signing rules differ. Examples from official pages:

Victoria. The Office of the Public Advocate says an enduring power of attorney lets you appoint someone to make decisions about personal matters, financial matters, or both, and can be limited to specific matters. Two adult witnesses are required, and certain people, such as relatives and the attorney, cannot witness. Medical decisions are handled separately: a medical treatment decision maker can be appointed while the person has capacity, and if no one is appointed, the law sets a default order. The Office of the Public Advocate recommends legal advice and runs an advice line.

New South Wales. The NSW Government says a general power of attorney covers financial and legal decisions only while you can still make your own decisions, and stops if you lose capacity. An enduring power of attorney keeps working if you lose capacity. It can only be witnessed by certain people: a solicitor or barrister, a Registrar of the NSW Local Court, a licensed conveyancer who has completed an approved course, a legal practitioner qualified in another country, or an approved-course employee of NSW Trustee and Guardian or a private trustee company.

Queensland. The Queensland Government says an enduring power of attorney must be signed in the presence of an eligible witness: a justice of the peace, a commissioner for declarations, a lawyer or a notary public. The witness certifies that you appeared to understand the document and are signing voluntarily. Your attorney must also sign to accept the appointment, and cannot make decisions for you until they do.

Western Australia. The Office of the Public Advocate says an enduring power of attorney gives legal authority for financial and/or property decisions, and continues if the person later cannot make reasoned decisions. It must be signed in the presence of two independent witnesses, and one must be a person authorised under the Oaths, Affidavits and Statutory Declarations Act 2005, such as a justice of the peace, medical practitioner or police officer. The other must be at least 18 and not the person being appointed as attorney or substitute attorney.

Tasmania. The Department of Justice witnessing checklist says an enduring power of attorney must be witnessed by two people in the presence of each other and the person making it.

South Australia. The Office of the Public Advocate says an enduring power of attorney covers financial and legal matters, and only needs registering with the Lands Titles Office if and when the attorney sells property. It also says an Advance Care Directive is the only document South Australia recognises for health, accommodation or lifestyle decisions, so those parts of an interstate document are not recognised there.

Australian Capital Territory. Under the Powers of Attorney Act 2006, an enduring power of attorney needs two adult witnesses signing in the presence of the principal and each other. One must be authorised to witness a statutory declaration, and only one may be a relative of the principal or of an attorney.

Northern Territory. The NT Government says an Advance Personal Plan replaces enduring power of attorney there. It can name a decision maker for health, lifestyle and financial matters, must be witnessed by a listed person such as a justice of the peace, police officer, lawyer, health professional or accountant, and can be registered free with the Public Guardian and Trustee.

Who families often ask

  • A lawyer or notary, who can prepare and witness documents and explain local rules.
  • A community legal clinic or legal aid, where cost is a worry.
  • The public guardian, trustee or public advocate in your province, state or territory, for official information.

Small steps families often take first

These are general suggestions from us, not legal rules.

  • Ask the parent, gently and early, whether they have any documents already and where they are kept.
  • Write down which documents exist, who is named, and who has copies.
  • Keep the health and medicine details a future decision maker would need in one place.

Once you hold a document, our guide on sharing a parent's health information with family explains what clinics may still ask for: /blog/sharing-your-parents-health-information-with-family.

Cureva is a personal and family health companion for caregivers, launching soon. Our free checklist helps families keep the practical details in one place before a hard day arrives.

Sources

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