Enduring Powers of Attorney In Edmonton

What Is An Enduring Power Of Attorney?

In Alberta, an Enduring Power of Attorney is made under the appropriate legislation and enables a person to give to another the ability to manage your financial and legal affairs if you become ill or suffer a disability such that you are unable to manage your own financial and legal affairs.

Requirements Of An Enduring Power Of Attorney

  • It must be in writing.
  • It must be dated.
  • It must be signed by the one making it (called the “donor”) in front of a witness.
  • It must expressly say that it is to continue in effect notwithstanding the signing of the Power of Attorney, or that it is to take effect on the mental incapacity or infirmity of the donor.

Who Should You Pick To Be Your Attorney?

You should choose an attorney that you trust. This is the most important feature.  It is helpful if they are financially literate and have the practical ability to manage your finances. It can be a good idea to obtain their consent in advance to make sure they are up to the task. The attorney can be a person or even a financial institution. Institutions will charge fees so be careful.

Powers of Attorney Act

(Revised Statutes of Alberta 2000, Chapter P-20)

Here are a few of the sections from the Powers of Attorney Act to give just a few examples of what is contained in the Act.  Talk to a lawyer for more details.  Talk to a lawyer!

Enduring power of attorney

2 (1) A power of attorney is an enduring power of attorney if

(a) the donor is an individual who is an adult at the time of executing the power of attorney, and

(b) the power of attorney meets at least the following requirements:

(i) it is in writing, is dated and is signed

(A) by the donor in the presence of a witness, or

(B) if the donor is physically unable to sign an enduring power of attorney, by another person on behalf of the donor, at the donor’s direction and in the presence of both the donor and a witness;

(ii) it is signed by the witness in the presence of the donor;

(iii) it contains a statement indicating that it either

(A) is to continue notwithstanding any mental incapacity or infirmity of the donor that occurs after the execution of the power of attorney, or

(B) is to take effect on the mental incapacity or infirmity of the donor.

(2) An individual is not eligible to be an attorney under an enduring power of attorney unless that individual is an adult at the time that the donor executes the enduring power of attorney.

(3) The following persons may not sign an enduring power of attorney on behalf of the donor:

(a) a person designated in the enduring power of attorney as the attorney;

(b) the spouse or adult interdependent partner of a person designated in the enduring power of attorney as the attorney.

(4) The following persons may not witness the signing of an enduring power of attorney:

(a) a person designated in the enduring power of attorney as the attorney;

(b) the spouse or adult interdependent partner of a person designated in the enduring power of attorney as the attorney;

(c) the spouse or adult interdependent partner of the donor;

(d) a person who signs the enduring power of attorney on behalf of the donor;

(e) the spouse or adult interdependent partner of a person who signs the enduring power of attorney on behalf of the donor.

(5) Notwithstanding subsection (1), a power of attorney is an enduring power of attorney if, according to the law of the place where it is executed,

(a) it is a valid power of attorney, and

(b) the attorney’s authority under it is not terminated by the mental incapacity or infirmity of the donor that may occur after the execution of the power of attorney.

(6) This section applies notwithstanding any agreement or waiver to the contrary.

 

EDMONTON, ALBERTA ESTATE LAWYERS FOR ENDURING POWERS OF ATTORNEY.  CALL TODAY!