Is it "continuing"?
A power of attorney for property is continuing if it says so, or says the attorney can act during incapacity. A non-continuing power stops working if your parent becomes incapable.
Sellers · Families · Ontario
Selling a home under power of attorney
When a parent can't manage the sale themselves, a continuing power of attorney for property lets someone they chose handle it. Here's when you can use it, what the law expects of you, and how the sale actually works.
Matthew Gizzie, REALTOR®, Keller Williams Realty Centres. General information, not legal advice.
1
Confirm the documentContinuing POA for property, when it takes effect, who must sign
2
Involve your parentTheir wishes, comfort and care come first
3
Check the will and spouseSpecific gifts of the home; spousal consent
4
List and closeThe lawyer registers the POA before closing
The short answer
A continuing power of attorney for property lets the attorney sell a parent's home while the parent is alive, including if they become incapable. The attorney must act in the parent's interest, keep accounts, and check the will before selling. The power ends at death; after that, only the estate trustee can sell.
Start here
Who can sell the home?
The answer depends on whether your parent is alive, whether they can make decisions, and what documents they signed.
The document
Check the power of attorney first
Now, or on incapacity?
If the document is silent, it takes effect immediately. If it says it starts on incapacity without saying how that's decided, it starts with a capacity assessor's finding.
Who has to sign?
Joint attorneys must act together unless the document says they can act separately, so every named attorney may need to sign the listing and the sale.
Was it signed properly?
It needs two witnesses who sign. Your parent's spouse or partner, their children, the attorney and the attorney's spouse can't be witnesses.
After death
The power of attorney ends when your parent dies. Then only the estate trustee can sell, usually after getting a Certificate of Appointment of Estate Trustee.
Is the home jointly owned?
A power of attorney covers only your parent's share. Any other owner signs for themselves.
Source: Substitute Decisions Act, 1992, ss. 7, 9, 10 and 12; Ontario.ca on making a power of attorney (October 2025) and probate (September 2025).
Your duties as attorney
What the law expects of you
Once your parent is incapable, or you have reasonable grounds to believe they are, the Substitute Decisions Act sets out your duties.
Act for their benefit
You are a fiduciary. Act diligently, honestly and in good faith for your parent, and consider how selling affects their comfort and well-being.
Involve them and the family
Explain what you're doing, encourage your parent to take part in the decision, and consult supportive family members.
Keep accounts
Keep a record of every transaction, including the sale and where the proceeds go.
Check the will
Make reasonable efforts to find out whether there's a will. If the home is left as a specific gift, you generally can't sell it unless the sale is necessary to meet your duties.
Don't buy it yourself
Selling the home to yourself is self-dealing. Courts have set such transfers aside unless they were reasonably necessary for the parent's care.
Care comes first
The proceeds go to your parent's own support and care first. Gifts are allowed only if your parent would have made them.
Sources: Substitute Decisions Act, 1992, ss. 32, 33.1, 35.1, 36, 37 and 38; Hull & Hull LLP on Tarantino v. Galvano, 2017 ONSC 3535.
The sale
How a POA sale works
- 1
Bring the original
Your lawyer will need the original power of attorney, or a notarial copy, and it will be reviewed with you.
- 2
List the home
You sign the listing as attorney for your parent. Every attorney who must act jointly signs too.
- 3
Spousal consent
If it's a matrimonial home, the other spouse must consent or join in. If that spouse is also incapable, extra steps apply.
- 4
Register and close
The lawyer registers the power of attorney and confirms it hasn't been revoked, then registers the transfer.
Sources: O. Reg. 19/99 (electronic registration) ss. 4 and 39.1; Land Registration Bulletin 89003 (March 2022); Family Law Act ss. 21 and 55.
No power of attorney?
If there's no POA, or it can't be used
| What happens | Who acts | |
|---|---|---|
| Parent can still make decisions | They can sign the sale themselves, or make a continuing power of attorney now if they have the capacity to. | Your parent |
| Parent is incapable, no continuing POA | A capacity assessment can make the Public Guardian and Trustee the guardian of property. A family member can apply to replace them, with a management plan. | Public Guardian and Trustee, or a family member who replaces them |
| A court application | A court can appoint a guardian of property instead. | Court-appointed guardian |
| Parent has died | The power of attorney has ended. The estate trustee sells, usually after a certificate of appointment. | Estate trustee |
Sources: Substitute Decisions Act, 1992, ss. 15–17 and 22; Office of the Public Guardian and Trustee guide; Ontario.ca on probate.
Working with me
A sale that puts your parent first
Matthew Gizzie, REALTOR®, Keller Williams Realty Centres
Patient with families
I've helped families sell a parent's home, and I work at the family's pace, including when siblings need to agree.
Your lawyer, from the start
Before we list, I make sure your lawyer has seen the power of attorney and confirmed who needs to sign.
A clear, documented price
A written Market Position Report backs up the list price, which helps when you have to account for the sale. How I price a home
Common questions
Power of attorney FAQ
Can I sell my parent's house with a power of attorney in Ontario?
Yes, if it's a power of attorney for property that is in effect. A continuing power of attorney keeps working if your parent becomes incapable. As attorney, you must act in your parent's interest and follow the Substitute Decisions Act.
Does a power of attorney still work after my parent dies?
No. A power of attorney ends at death. After that, only the estate trustee can sell the home, usually after getting a Certificate of Appointment of Estate Trustee.
Can I sell the house if it's left to someone in my parent's will?
Generally not. An attorney can't sell property they know is a specific gift in the will unless the sale is necessary to meet their duties, such as paying for care. If it is sold, the person named can claim the equivalent from the estate.
Can I buy my parent's house as their attorney?
It's risky. Buying it yourself is self-dealing, and courts have set such transfers aside unless they were reasonably necessary for the parent's care. Get independent legal advice first.
What if there's no power of attorney?
If your parent can still make decisions, they can sign the sale or make a continuing power of attorney. If they can't, a guardian of property is needed, through the Public Guardian and Trustee or a court application.
Does my parent pay tax on the sale?
If the home was their principal residence for every year they owned it, the gain is usually tax-free, but the sale must still be reported on their tax return. An accountant can confirm, especially if your parent has moved to care or the home was rented.
Helping a parent sell in York Region, Uxbridge or Simcoe County?
Let's talk it through, at your family's pace.
Tell me where things stand: the document you have, your parent's situation and any timing. I'll explain what comes next and who needs to be involved.
Updated October 21, 2026. Sources: Substitute Decisions Act, 1992; Ontario.ca: make a power of attorney (October 2025); Office of the Public Guardian and Trustee, A Guide to the Substitute Decisions Act; Ontario.ca: probate (September 2025); O. Reg. 19/99; Land Registration Bulletin 89003; Family Law Act; Hull & Hull LLP (May 2018); CRA on reporting a principal residence sale.
General information only, not legal or tax advice. Every power of attorney and family situation is different; have a lawyer review the document before you list. Matthew Gizzie, REALTOR®, Keller Williams Realty Centres, Brokerage. Not intended to solicit buyers or sellers currently under contract.
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