Common Mistakes in Enduring Power of Attorney in Alberta
Creating an Enduring Power of Attorney (EPA) is one of the smartest legal moves you can make to protect yourself, your family, and your financial affairs. But like any legal document, if done incorrectly, it can cause confusion, delays, and expensive problems when it’s needed most.
At Mobile Wills Calgary, we regularly help clients fix or replace improperly drafted EPAs. In this guide, we’ll walk you through the most common mistakes people make in Alberta—and how you can clearly avoid them.
Mistake #1: Not Creating an Enduring Power of Attorney at All
By far the most serious mistake is simply not having one.
If you become mentally incapacitated without an EPA, your family may have to apply to the court for trusteeship, which can be:
Expensive (legal and court fees)
Time-consuming (often taking weeks or months)
Emotionally stressful (in an already difficult time)
Public and invasive (requiring disclosure of personal information)
With a professionally drafted EPA, you stay in control of who manages your finances, instead of letting the court decide.
Mistake #2: Using DIY Kits or Online Templates
DIY and fill-in-the-blank EPA forms are risky. While tempting for their low price, they often:
Don’t follow Alberta law
Are improperly witnessed (invalidating the whole document)
Use vague or contradictory language
Leave out key instructions
Fail to include alternates or limits on powers
In many cases, these documents are rejected by banks, government agencies, or even courts.
Mobile Wills Calgary ensures your EPA is professionally drafted, Alberta-compliant, and valid when it matters.
Just because someone is close to you doesn’t mean they’re the best choice to manage your financial affairs.
Common issues include:
Naming someone with poor financial management skills
Choosing someone likely to be influenced by others
Selecting someone who lives far away or is frequently unavailable
Appointing someone who’s already overwhelmed with their own obligations
Overlooking a history of conflict or mistrust with other family members
Tip: Always evaluate your attorney’s character, financial sense, availability, and willingness. It’s okay to say no to someone you care about if they aren’t the right fit for the role.
Mistake #4: Failing to Name an Alternate Attorney
If your primary attorney:
Declines the role
Moves away
Becomes incapacitated
Passes away
and there’s no alternate named, your family may still need to go to court. Naming an alternate is a simple way to avoid legal delays.
Mistake #5: Leaving Powers Too Vague or Too Broad
Some EPAs use unclear language like:
“My attorney can do anything needed to handle my finances.”
While broad powers can be helpful, Alberta law encourages clarity. You should consider specifying:
Whether they can sell your home
If they can manage business assets
How they’re to handle charitable donations or gifts
What limitations you want (e.g. no access to certain accounts)
The clearer your instructions, the less chance for misinterpretation or abuse.
Mistake #6: Failing to Specify When the Enduring Power of Attorney Takes Effect
You must decide between:
Immediate EPA – in effect the moment you sign it
Springing EPA – only valid after a doctor (or two) confirms incapacity
Some DIY kits don’t include a mechanism for determining incapacity. This leaves banks and lawyers guessing whether the document is active, causing delays.
We help you clearly choose and legally document when your EPA should take effect—and how that decision is verified.
Mistake #7: Not Reviewing or Updating the Enduring Power of Attorney Over Time
Life changes, and your EPA should too.
Common triggers for a review:
Marriage, divorce, or remarriage
Relocation to another province
Change in assets or financial institutions
Death or incapacity of your attorney or alternate
Changes in your wishes or family relationships
If your attorney is no longer the right fit, or your document is more than 5 years old, it’s time for an update.
Mistake #8: Failing to Communicate with Your Attorney
Your chosen attorney should:
Understand they’ve been named
Know what their duties are
Know how you’d like them to manage your affairs
Have access to the document and related financial info when the time comes
Surprise and confusion are the enemy of smooth estate planning.
Why These Mistakes Happen (and How to Avoid Them)
Most people don’t make these mistakes on purpose. They happen due to:
Misinformation or bad online advice
Relying on generic forms
Rushing the process
Avoiding legal help due to cost concerns
That’s why Mobile Wills Calgary exists: to offer lawyer-drafted, mobile, and affordable documents without any stress, delays, or confusion.
How We Help You Get Your Enduring Power of Attorney Right
At Mobile Wills Calgary, we provide:
Flat-fee pricing — clearly disclosed up front
Mobile service — we come to your home or office
Lawyer-drafted documents — no templates or shortcuts
Guided conversations — to help you make the right choices
