Yes. Incapacity is more likely than sudden death, and without a POA your family may need a court application to manage your affairs.
The Canadian position
Two documents are standard: one for property, one for personal care. Without them, someone must apply for guardianship under the Substitute Decisions Act.
The Islamic position
Appointing a trustworthy agent during life is uncontroversial and practically necessary in a Canadian context.
All four schools want the same qualities in a wasi — adulthood and legal capacity, Islam, integrity and the ability to do the job. They differ on what failing one of them does. Three schools treat them as conditions of validity, so an appointment that fails one is void. The Hanafi school treats the appointment as valid and puts the remedy in the judge’s hands.
All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — Who may be appointed wasi (executor and guardian).
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
What to do about it
- Appoint an attorney for property and one for personal care.
- Name alternates.
- Include your health and burial preferences in the personal care document, not the will.
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Substitute Decisions Act, 1992 — Government of Ontario
- Substitute decisions act ontario explained — Treadstone Law
- Health care consent without poa ontario — Treadstone Law
- Poa personal care substitute guardian ontario — Treadstone Law
- What is personal care power of attorney ontario — Treadstone Law
- Wills & estates practice — Treadstone Law