A power of attorney operates while you are alive and ends at death. A will operates only after death. They cover opposite periods and cannot substitute for each other.
The Canadian position
Ontario distinguishes a continuing power of attorney for property from one for personal care. Acting under a POA after death is a common and serious error.
The Islamic position
A POA corresponds to wakalah, an agency that likewise lapses on death, at which point the wasi's authority begins.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Substitute Decisions Act, 1992 — Government of Ontario
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Mental health personal care poa ontario psychiatric treatment — Treadstone Law
- When is court guardianship necessary no poa ontario — Treadstone Law
- Non resident buyer power of attorney remote closing ontario — Treadstone Law
- Challenging validity of a power of attorney ontario — Treadstone Law
- Filing taxes incapable person power of attorney ontario — Treadstone Law
- Out of province power of attorney ontario validity — Treadstone Law
- Wills & estates practice — Treadstone Law