Power of Attorney Tips & Best Practices in Alberta
Creating a Power of Attorney (POA) is a vital part of any responsible estate plan — but getting it right requires more than just filling in a form. It means understanding the legal responsibilities, choosing the right person, and making sure your wishes are clearly outlined and followed.
At Mobile Wills Calgary, we’ve helped countless Albertans avoid common mistakes and create strong, enforceable Powers of Attorney. Below are our top tips and best practices, based on real-world experience and Alberta law.
In Alberta, the law recognizes multiple types of Powers of Attorney:
General POA – valid only while you have mental capacity
Enduring POA – remains valid even if you lose capacity (most common for estate planning)
Immediate EPA – takes effect as soon as it’s signed
Springing EPA – only takes effect once you’re deemed mentally incapable
Limited POA – authorizes a person for specific tasks (e.g. selling a house while you’re abroad)
Best Practice:
Choose an Enduring Power of Attorney with either immediate or springing activation depending on your preferences and situation.
The best person for the job is someone who is:
Financially responsible
Trustworthy
Calm and capable under pressure
Likely to outlive you
Available to act in Alberta without delay
Best Practice:
Don’t name someone just because they’re family — only name someone you trust with your money.
Tip #3: Be Clear About What Powers You’re Granting
Do you want your attorney to:
Sell your house?
Make large charitable donations?
Access or manage your business accounts?
Handle RRSP withdrawals or tax filings?
If you don’t specify these powers clearly, they may not be allowed — or could be misinterpreted.
Best Practice:
Use detailed language in your EPA to clearly define your attorney’s authority, restrictions, and decision-making rules.
Tip #4: Include Instructions About Your Standard of Living
If you’re incapacitated, your attorney may need to decide how to spend your money. Do you want:
To stay in your home as long as possible?
Certain care facilities considered?
To continue certain lifestyle expenses or subscriptions?
Best Practice:
Include a statement about your personal care preferences, financial priorities, or lifestyle standards to guide your attorney’s decisions.
Tip #5: Keep Records & Store Your Document Properly
A POA is useless if no one knows where it is or how to use it.
Best Practice:
Keep the original in a secure but accessible location (not in a locked safe no one can open)
Give a copy to your attorney, spouse/partner, and/or adult child
Let key people know where the original is stored
Include emergency contact info and backup instructions
Tip #6: Review & Update Your Enduring Power of Attorney Regularly
Your life changes — your Power of Attorney should too.
Review your EPA if:
You marry, divorce, or separate
Your attorney moves, passes away, or declines the role
You relocate to another province
Your financial circumstances significantly change
Best Practice:
Revisit your POA every 3–5 years and update as needed to keep it valid and aligned with your wishes.
Tip #7: Avoid Naming Multiple Attorneys Unless Absolutely Necessary
While Alberta allows joint attorneys, requiring multiple people to act together can cause unnecessary delays and disagreements.
Best Practice:
Name one primary attorney and one alternate
Only appoint co-attorneys if they have a strong relationship and clear communication
Tip #8: Don’t Wait Until It’s Too Late
An EPA can only be created while you still have mental capacity. Once capacity is lost, you cannot legally sign one — and your family may be forced to go to court for trusteeship.
Best Practice:
Create your EPA early — even in your 30s, 40s, or 50s. Mental incapacity doesn’t always come with age.
Tip #9: Work with a Lawyer — Not a Template
Online or DIY templates often:
Don’t follow Alberta legal requirements
Fail to include essential clauses
Are improperly witnessed (making them invalid)
Don’t get recognized by banks, CRA, or care facilities
Best Practice:
Get a lawyer-drafted, Alberta-specific EPA from Mobile Wills Calgary — mobile, affordable, and fully compliant with Alberta law.
Complete Mobile Convenience (We Come to You)
Drafted by a Lawyer, Not AI or Templates
Includes Practical Advice on Attorney Roles and Powers
DIY or online templates often lead to costly errors, disputes, or invalidation due to improper drafting or witnessing. Professional EPAs from Mobile Wills Calgary clearly provide superior protection, peace of mind, and long-term cost savings.
Update Your Enduring Power of Attorney Regularly
Regular reviews and updates of your EPA are essential, especially after major life changes such as marriage, divorce, relocation, or significant financial changes. Mobile Wills Calgary makes updating your EPA clear, easy, and convenient.
