Law and legal matters
Get information and resources to help you understand the law and legal matters. Find legal services and learn about wills, powers of attorney, advance care planning and organ and tissue donation.
Get legal help
How lawyers and paralegals can help
All lawyers and paralegals providing legal services in Ontario must be licensed by the Law Society of Ontario.
Lawyers can help you with many types of legal issues:
- elder law
- civil litigation
- family or criminal matters
- real estate transactions
- wills, powers of attorney and estate matters
Licensed paralegals can represent you in:
- small claims court
- hearings before tribunals (such as the Landlord and Tenant Board)
- minor criminal charges where the maximum term of imprisonment is 6 months
Find a lawyer or paralegal
If you have an urgent legal problem, the Law Society Referral Service will connect you to a lawyer or licensed paralegal. They will give you a free 30-minute consultation to tell you your rights and options.
Law Society Referral Service (lso.ca)
Email: lsrs@lso.ca
Get free or specialized legal aid
Legal Aid Ontario
Legal Aid Ontario will pay for a lawyer to help you if you:
- are a person with less income and assets than the cut-off levels of the financial eligibility threshold
- qualify for the service
They offer services for:
- criminal legal issues
- domestic violence
- family legal issues
- mental health legal issues
- refugee and immigration
They also offer legal clinics to help with tenant and landlord disputes, social housing matters, Canada Pension questions and more. Help is available in more than 300 languages.
Advocacy Centre for the Elderly
This community legal clinic offers legal services to low-income seniors in areas of law such as:
- elder abuse
- health care
- income
- long-term care
- pensions
They serve clients aged 60 years and up who live in the Greater Toronto Area. They may also serve seniors outside of Toronto if a case is important to the seniors’ community.
Community Legal Education Ontario
CLEO offers free legal information on topics like:
- buying or leasing a used vehicle
- care homes
- elder abuse
- power of attorney
Their resources describe the laws simply and clearly. They are designed to help people understand and exercise their legal rights. The group does not give legal advice.
ARCH Disability Law Centre
This legal aid clinic defends and advances the rights of people with disabilities in Ontario. Lawyers and articling students provide the services. They report to a board of directors, which is led in large part by people with disabilities (more than 50% of members).
HIV & AIDS Legal Clinic Ontario
HALCO is a community-based legal clinic that provides free legal help to people living with or affected by HIV and AIDS. They offer:
- summary legal services
- public legal education
- law reform and community development initiatives
Prepare your will
It’s important to have a will that states your wishes after you die. You can work with a lawyer to prepare your will. By making a will, you can:
- decide who gets your assets and property (home and money, for example) after you die
- decide who should manage your estate
- lower the potential for family disputes
- save time, money and stress for your loved ones; a will can streamline the probate court process and allow you to plan tax savings
A lawyer can help ensure that your will is prepared properly and found to be valid if it is changed in court. Common reasons for challenging a will include:
- you did not sign your will properly
- someone has pressured you to make or change your will
- someone believes that you are unable to make your own decisions due to an illness, disability or mental health problem
- there are vague or contradictory terms, or the will was improperly witnessed
You may prepare a will using a will kit or an online service, such as CLEO’s Guided Pathway, which was developed by legal organizations. Here are some things to consider:
- Some kits and services may not comply with Ontario law and should not replace legal advice. Always read the information beforehand to ensure your will is legally valid. Some online services may need you to open an account.
- If you’re unsure about the validity of your will, it’s best to consult a lawyer.
Learn more about wills and what to do when someone you love dies in the “End of life” chapter of this guide.
Get a Power of Attorney
A Power of Attorney is a legal document that gives someone else the right to make decisions on your behalf. There are different forms of Power of Attorney.
Continuing Power of Attorney for Property
This legal document allows the person you name to make financial decisions for you. They can use this authority:
- while you are still mentally capable of making decisions yourself
- if you become mentally incapable of making your own decisions about your property
General or non-continuing Power of Attorney for Property
This legal document only grants authority to another person while you are mentally capable. If you become mentally incapable, the authority ends.
Limited Power of Attorney for Property
This legal document allows the person you name to make decisions that are restricted in some way. This might:
- include a Bank Power of Attorney, which only affects assets that are in a named financial institution
- be limited to a specific period of time (for example, while you are out of the country)
- be limited to a specific asset (for example, a house that is to be sold)
Power of Attorney for Personal Care
This legal document allows the person you name to make personal care decisions for you if you become mentally incapable. These decisions may involve:
- shelter
- safety
- hygiene
- nutrition
- clothing
- health care
A Power of Attorney for personal care can also provide directions to your decision maker about what kind of treatment you may want (or not want) if you become incapable of telling anyone yourself. It only takes effect if and when you become incapable.
A family member has the right to make some decisions for you under the Health Care Consent Act if you:
- don’t have a Power of Attorney for Personal Care
- become incapable of making decisions about medical treatment or admission to a long-term care home
However, if no one is willing or able to make these decisions for you, the Office of the Public Guardian and Trustee can make decisions on your behalf.
Living will
A living will refers to written directions or wishes about what medical care you may or may not want to have if you become incapable of making decisions yourself. Here’s what you should know:
- a living will is also known as an Advance Medical Directive
- your decision makers must take it into consideration in making decisions for you
- it may not be legally binding, depending on the circumstances at the time
- it does not appoint a decision maker
Appointing a decision maker
The Office of the Public Guardian and Trustee has developed a Power of Attorney kit.
It can help you appoint the person you want to make decisions for you when you can no longer do so for yourself.
Plan for your care in advance
Advance care planning is about making choices while you can (meaning you are competent and capable). It’s especially important for you to decide how you wish to be cared for if you become incapable of making decisions.
You can take steps now to ensure your wishes are followed. You do this by appointing someone you trust and giving them the authority to act on your behalf.
Tools to help you include:
- What every older Canadian should know about: planning for possible loss of independence offers a guide, tips, questions and answers, and resources
- Advance Care Planning Ontario explains the process of advance care planning and offers helpful tools
- Alzheimer Society of Ontario or your local Alzheimer Society chapter provide help and support (contact them to see if they offer advance care planning seminars in your community)
- Wallet card is a great resource to print and fill out with important information in case of an emergency
Donate your organs and tissues
It’s important that you talk to your family and friends about your decision to donate organs and tissue. You want them to understand, support and respect your wishes in the future.
Even if you have signed a donor card, you still need to register your consent. By registering your consent to donate, you ensure that your donation decision is recorded and available to the right people at the right time.
If you’d like to register as a donor, you can:
ServiceOntario
Trillium Gift of Life Network
Know your rights and protect your interests
Ontario Human Rights Code
The Ontario Human Rights Code guarantees Ontarians equal rights and opportunities without discrimination.
It prohibits discrimination on the basis of age in areas of:
- employment
- goods, services and facilities
- housing accommodation
- membership in trade and vocational associations
- harassment or poisoned environment
The Ontario Human Rights Code’s protection against age discrimination extends to all persons over the age of 18.
Office of the Public Guardian and Trustee
This office delivers services that safeguard the legal, personal and financial interests of certain private individuals and estates.
The office works to:
- protect the interests of mentally incapable people
- protect the public’s interest in charities
- search for heirs to estates that the Office of the Public Guardian and Trustee administers
- invest perpetual care funds (to maintain and care for burial sites)
- deal with certain forfeited assets of dissolved corporations
The office may investigate when:
- it receives information that a person may be incapable and at risk of suffering serious financial or personal harm which can be addressed through guardianship
- no alternative solution is available
Based on the investigation, the Office of the Public Guardian and Trustee may ask the court for permission to make decisions on the person’s behalf. This could be on a temporary or long-term basis.