Your Parent Needs Help but Has No Power of Attorney – RMS Estates Law

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Your Parent Needs Help but Has No Power of Attorney

Raluca M. Soica
September 27, 2026

When a parent begins having difficulty managing their affairs, family members often step in gradually, helping with appointments, correspondence, and everyday expenses. The need for legal authority may only become apparent when a bank refuses instructions or an important financial decision cannot proceed.

If your parent has no power of attorney in Ontario, the first question is whether they still have the legal capacity required to make one. A diagnosis alone does not determine the answer, and the capacity required depends on the particular document. Where there is uncertainty, it is important to obtain advice before arranging for documents to be signed.

Being an adult child does not automatically authorize you to manage a parent’s finances, even if you have been their primary source of support. If your parent is incapable of managing their property and there is no effective arrangement allowing someone to act, a guardianship of property may be necessary, after considering less restrictive alternatives.

Financial decisions must also be distinguished from personal care and treatment decisions, which involve different legal rules. Authority to manage a bank account does not automatically include authority over personal care, and an eligible family member may be able to make certain treatment decisions without a guardianship order.

To prepare for a legal consultation, identify the decisions that need to be made, any immediate deadlines, and the documents already available. Explaining the practical difficulty—such as paying care expenses or dealing with a property—helps clarify which options should be considered.

Contact RMS Estates Law to discuss your parent’s circumstances and the appropriate next steps.

PLEASE NOTE: The content of this blog is provided for informational purposes only and does not constitute legal advice. Reading this material does not create a solicitor-client relationship. Estate administration is fact-specific and may require advice from a qualified estates lawyer. This information has been prepared in accordance with the laws currently applicable in Ontario and may not reflect future legal developments.

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