Yes, you can resign as an attorney under a power of attorney in Ontario, even after you have started acting in the role. The catch is that once you have acted, your resignation does not take effect until you deliver a written copy to everyone the law requires, and missing one of those people can leave you legally still in the role.
This guide is for the person who agreed to serve as someone’s attorney for property or personal care and now needs to step down, whether because of distance, health, family conflict, or because the job turned out to be more than expected. We act for attorneys in exactly this position, and the questions below are the ones they ask us first.
One quick note on the word attorney. Here it does not mean a lawyer. It means the person named in a power of attorney to make decisions for someone else, called the grantor. Ontario uses two main documents, a continuing power of attorney for property and a power of attorney for personal care, and the rules for resigning from each are nearly identical.
Can you resign once you have already started acting?
Yes. Nothing in Ontario law forces you to keep a role you no longer want or can manage. The Substitute Decisions Act, 1992, the statute that governs powers of attorney in Ontario, lets an attorney resign at any time.
What changes once you have acted is the procedure. If you were named but never used the authority, you can step away by declining the role and letting the grantor know. Once you have done something as attorney, paid a bill, signed a document, spoken to the bank, consented to care, you have acted, and the formal resignation rules apply.
The reason the law draws this line is practical. Other people have started relying on you. The grantor, the family, the bank, and the care home all need to know the authority has changed hands, and the Act makes sure they find out.
Who you must deliver your resignation to
This is the step that decides whether your resignation works, and it is the one most people get wrong. If you have acted, your resignation is not effective until you deliver a copy to each of the people below.
| Who must receive a copy | When you must deliver to them |
|---|---|
| The grantor (the person who appointed you) | Always |
| Any other attorneys named in the document | If the document names more than one attorney |
| The named substitute attorney | If the document names a substitute to replace you |
| The grantor’s spouse or partner and the grantor’s adult relatives who are known to you and live in Ontario | For property, if you believe the grantor can no longer manage property and no named substitute is willing and able to act. For personal care, if no named substitute is willing and able to act, unless the document says otherwise |
The last group catches people out. If you believe the grantor can no longer manage their own property and the document names no substitute who is willing and able to take over, you generally have to notify the grantor’s spouse or partner and the grantor’s adult relatives who are known to you and live in Ontario. Ontario courts have refused to treat a resignation as effective where the attorney skipped even one relative who should have received it. Until everyone on the list has a copy, in the eyes of the law you are still the attorney, with every duty that comes with the role.
How to put your resignation in writing
Ontario does not prescribe a resignation form. There is no government fill in document for stepping down, and your resignation does not have to look any particular way. What it does have to be is in writing and signed by you.
A clean resignation names the grantor, identifies the power of attorney by its date and type, property or personal care, states clearly that you are resigning, and is dated and signed. Keep it simple and unambiguous. A vague note that you are no longer comfortable helping out is not a resignation.
Two duties were added to the Act in 2016 that many older articles miss. If you have reason to believe someone entitled to a copy needs it in an accessible format, or they ask for one, you have to provide it that way. And if someone needs the effect of the resignation explained, or asks, you have to explain it. Your resignation still takes effect on delivery, but these steps are part of doing it properly.
Keep proof. Record the date and method you used to deliver each copy, and keep confirmation of receipt where you can. If your resignation is ever questioned, that record is what shows you did it right.
What happens to the power of attorney after you resign
It depends on whether the document named a substitute. The table below sets out the three situations we see.
| Your situation | What happens when you resign |
|---|---|
| The document names a substitute who is able and willing to act | The substitute steps in and the power of attorney continues. Give them their copy and confirm the handover so there is no gap |
| No substitute is named, or the named substitute cannot or will not act, and the grantor is still capable | The document ends. The grantor can sign a new power of attorney naming someone else |
| No substitute is named, or cannot or will not act, and the grantor is no longer capable | The document ends and no one can be appointed by a simple signature. A family member may need to apply for guardianship, or the Public Guardian and Trustee may step in for property |
Guardianship is slower and more expensive than a power of attorney, which is why we never want an attorney to resign into a vacuum without thinking through who comes next.
One protection is worth knowing. If someone deals with you in good faith after your resignation without knowing it has happened, that dealing can still be valid. That is exactly why telling the bank and others matters. It protects them, and it protects you.
Resigning as an attorney for personal care, and what is different
The procedure is almost the same. Personal care decisions cover things like housing, health care, nutrition, safety, and hygiene, and they are also shaped by Ontario’s health care consent rules. You resign in writing, you deliver copies to the same categories of people, and the document ends if there is no willing substitute.
The practical difference is urgency. Property can usually wait a few days. Care often cannot. If you are the personal care attorney for someone in a hospital or a long term care home, tell the facility promptly and in writing, and make sure someone is ready to make care decisions the moment you step away. We have seen families left scrambling when a care attorney resigns without lining up who will say yes or no to a treatment the next morning.
What you owe before you walk away
Resigning does not erase what you did while you served. As attorney for property you were required to keep records of what you handled. Before you go, get those records in order and be ready to account for the period you acted. If you managed money, the grantor or whoever takes over is entitled to understand what happened to it.
You also have to make reasonable efforts to tell the people you dealt with on the grantor’s behalf where further dealings are likely, the bank, the investment advisor, the care home, the utility you set up payments with. This is a separate duty from the formal delivery list, and it is the one that keeps the grantor’s life running after you leave.
Your resignation checklist
Before you treat yourself as resigned, confirm you can tick every box.
- Confirm whether you have actually acted under the power of attorney.
- Read the document to see whether it names other attorneys or a substitute.
- Put the resignation in writing, dated and signed, naming the grantor and the document.
- Deliver a copy to the grantor.
- Deliver a copy to any other attorneys and to the named substitute.
- Where it applies, deliver a copy to the grantor’s spouse or partner and known Ontario relatives.
- Provide an accessible format or an explanation if anyone needs or asks for one.
- Notify the bank, the care home, and others you dealt with for the grantor.
- Make sure a substitute, new attorney, or guardian is ready to take over.
- Get your records in order and keep proof of every delivery.
Frequently asked questions
Do I need a lawyer to resign as an attorney?
No, the law does not require one. But because the resignation only takes effect once it reaches everyone entitled to a copy, and because stepping down can end the document entirely, many attorneys want a second set of eyes before they act. A short consultation can confirm you are doing it in a way that actually works.
Does my resignation take effect the moment I sign it?
Not if you have already acted as attorney. It takes effect when you have delivered a copy to every person the Act requires. Until the last required person has a copy, you remain the attorney in the eyes of the law.
What if the power of attorney does not name a substitute?
Then your resignation ends the document. If the grantor is still capable, they can sign a new power of attorney. If they are not, the family may need to pursue guardianship, or the Public Guardian and Trustee may become involved for property. This is worth sorting out before you resign, not after.
Can I resign if I think the grantor is being harmed or the situation is a mess?
You can resign, but think carefully first. If you walk away and no one steps in, the grantor may be left without protection. Sometimes the better route is to get advice about your duties, or in serious cases to report your concerns, rather than simply exiting. We can help you weigh that.
Do I have to give a reason for resigning?
No. You do not have to justify your decision to anyone. Your written resignation only needs to make clear that you are resigning, from which document, and as of when.
I was named but never acted. Is it simpler?
Yes. If you have never used the authority, the formal delivery rules do not bind you in the same way. Letting the grantor know in writing that you decline the role is usually enough, though it is still wise to confirm there is someone else to step in.
The information provided above is of a general nature and should not be considered legal advice. Every transaction or circumstance is unique, and obtaining specific legal advice is necessary to address your particular requirements. Therefore, if you have any legal questions, it is recommended that you consult with a lawyer.
