Will the Ontario standard POA hold up for a sale?

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Mar 31st, 2022 7:26 am

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Mar 29th, 2022 6:41 pm

prod [OP]: Deal Addict; May 18, 2002; 4379 posts; 1490 upvotes; Brampton

Mar 29th, 2022 6:41 pm

Will the Ontario standard POA hold up for a sale?

We are selling our dad's condo under POA. We used the forms available at the gov't of Ontario website:
https://www.ontario.ca/page/make-power-attorney

Our broker said that POA would be fine for them to list, but a lawyer may not accept it for the sale.
The only reason I can think of not to accept the government prepared POA is that lawyers would rather keep the business for themselves.
Has anyone had a problem using that standard POA?

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5 replies

Mar 30th, 2022 10:15 am

TorontoHSTRebates: Jr. Member; Nov 15, 2019; 109 posts; 48 upvotes

Mar 30th, 2022 10:15 am

It is not the lawyer who is the ultimate decision-maker for the Power of Attorney document. It is the land titles office.

POAs have to be executed property and have the necessary content to be accepted by the land titles office.

Mar 30th, 2022 11:18 am

prod [OP]: Deal Addict; May 18, 2002; 4379 posts; 1490 upvotes; Brampton

Mar 30th, 2022 11:18 am

TorontoHSTRebates wrote: ↑ It is not the lawyer who is the ultimate decision-maker for the Power of Attorney document. It is the land titles office.

POAs have to be executed property and have the necessary content to be accepted by the land titles office.

yes, I just got further clarification in an email saying there could be "questions" before a buyer is issued title insurance.
So a document supplied specifically for this purpose is actually quite useless? Wonderful...

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Mar 30th, 2022 11:45 am

skeet50: Deal Fanatic; Jan 15, 2017; 5350 posts; 5495 upvotes; Ottawa

Mar 30th, 2022 11:45 am

The challenge with the template is it has a section in which you can add conditions and restrictions. If anything was added to this section (or any section for that matter) that may be unclear or create ambiguity then there may be a problem. If you want assurance in order to move forward I suggest that you have the POA reviewed by a lawyer for a legal opinion on its strength and its enforceability for the sale of the home.

Mar 30th, 2022 11:56 am

luckystrike1: Deal Addict; Nov 16, 2011; 1520 posts; 1237 upvotes; Hamilton

Mar 30th, 2022 11:56 am

Other than being frugal, is there a particular reason for not having it done buy an lawyer ??
Since the sale of a property is a significant monetary issue, having a POA executed by a lawyer certainly assists in making sure that there are no/few issues with the transaction.
Banks especially can be somewhat contrary.
As well, you will be using a lawyer for the sale, why not the same lawyer draw up the POA.

Mar 31st, 2022 7:26 am

prod [OP]: Deal Addict; May 18, 2002; 4379 posts; 1490 upvotes; Brampton

Mar 31st, 2022 7:26 am

luckystrike1 wrote: ↑ Other than being frugal, is there a particular reason for not having it done buy an lawyer ??
Since the sale of a property is a significant monetary issue, having a POA executed by a lawyer certainly assists in making sure that there are no/few issues with the transaction.
Banks especially can be somewhat contrary.
As well, you will be using a lawyer for the sale, why not the same lawyer draw up the POA.

For medical reasons a new POA isn't going to happen.
Upon further FURTHER clarification it looks like the questions asked may only be verification of witnesses through contact and copies of their ID. If that is the case it should go through.

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