Inherited & Estate · Ontario

Power of Attorney Selling a Parent's House in Ontario

A Power of Attorney for Property lets a named person manage and sell a living parent's house on their behalf. That authority ends automatically the moment the parent dies — even mid-transaction — and passes to the estate trustee named in the will, or to whoever the court appoints if there isn't one.

Empty carpeted living room, left exactly as it was found

What a POA actually authorizes, while your parent is alive

A validly executed Power of Attorney for Property generally allows the attorney to list, negotiate and sign for a sale, subject to whatever limits the document itself sets — confirm the specific document's scope with an Ontario estates lawyer before relying on it. It is not the same as a will, and it is not the same authority an estate trustee holds after death.

The catch that surprises people mid-sale

If a parent passes away while a sale is in progress under a POA, that authority stops immediately. The estate trustee — the person named in the will, or the person the court appoints if there isn't one — has to step in and the transaction effectively restarts under a different legal authority.

What to check first, before signing anything

Find the actual POA document and read what it authorizes specifically. Confirm whether it's still in effect (some are drafted to activate only on incapacity, not immediately). And if there's any doubt about scope or validity, that's the first call to an estates lawyer, ahead of a real estate agent or a buyer.

Common Questions
Generally yes, if the document grants that authority and your parent is still alive. Confirm the specific wording with a lawyer — POA documents vary in scope.
The authority to close generally passes to the estate trustee, which can delay closing until that authority is confirmed — sometimes requiring probate. An estates lawyer can confirm the mechanics for your specific situation.
Next step
Sorting Out a Parent's House
The four things that have to happen, and the order they have to happen in, written for families in Chatham-Kent.
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