Enduring Power of Attorney in Calgary
An Enduring Power of Attorney (EPA) is an essential legal document for protecting your financial and legal interests in the event you become mentally or physically incapable of managing your own affairs. At Mobile Wills Calgary, we specialize in preparing professional Enduring Powers of Attorney conveniently at your home, office, or preferred location in Calgary, at clearly affordable and transparent flat rates.
What is an Enduring Power of Attorney (EPA)?
In Alberta, an Enduring Power of Attorney is a legal document that grants authority to a trusted person (your “attorney”) to manage your financial affairs if you become incapacitated due to illness, accident, or aging-related issues. Unlike a regular Power of Attorney, which becomes invalid if you lose capacity, an EPA endures and becomes even more critical in times of incapacity.
Without an EPA, if you become incapacitated, a court may need to appoint a trustee or guardian. This process can be lengthy, expensive, and stressful for your loved ones. With a professionally prepared EPA, you can clearly choose exactly who manages your financial decisions and how they manage them.
Benefits of Having a Professional Will Drafted
Control Over Asset Distribution: Clearly specify who receives your home, financial assets, heirlooms, and personal belongings.
Appoint Guardians: Choose trusted guardians for your minor children.
Avoid Family Disputes: Clearly stated wishes significantly reduce the chance of family disagreements.
Simplify Probate: A professionally prepared will helps your executor quickly and efficiently manage your estate.
Legal Peace of Mind: Ensure your will meets all Alberta legal requirements, preventing future challenges.
Types of Enduring Power of Attorney in Alberta
There are two primary types of EPA in Alberta:
1. Immediate Enduring Power of Attorney
Takes effect immediately upon signing.
Remains valid if you later become incapacitated.
Useful for convenience or when you prefer someone handling your finances immediately.
2-. Springing Enduring Power of Attorney
- Becomes effective only when you become mentally incapacitated (certified by medical professionals).
- Commonly preferred by individuals who wish to maintain full financial control until necessary.
At Mobile Wills Calgary, we carefully guide you through choosing the EPA type most suitable for your specific needs and circumstances.
Why Do You Need an Enduring Power of Attorney?
An EPA provides clear protection and peace of mind by:
Ensuring bills, mortgage payments, taxes, and investments are handled if you’re unable to do so.
Clearly preventing costly court proceedings for guardianship or trusteeship.
Reducing emotional and financial stress on your family during difficult times.
Without an EPA, your family may face significant obstacles and delays in managing your financial affairs, making a difficult situation even harder.
When creating an Enduring Power of Attorney, selecting the right attorney is critical. Your chosen attorney should be:
Trustworthy, responsible, and dependable.
Financially competent and organized.
Willing and capable of managing your affairs.
Likely to outlive you and be available (ideally residing in Calgary or nearby).
Aware of and comfortable accepting the responsibilities involved.
We recommend clearly naming an alternate attorney in case your first choice becomes unavailable or unwilling to serve. Additionally, always clearly discuss your intentions with your attorney in advance.
Duties and Responsibilities of Your Attorney in Alberta
Your attorney holds significant fiduciary responsibilities, including:
Acting strictly in your best interests.
Managing your finances prudently and carefully.
Keeping accurate financial records and accounts.
Avoiding conflicts of interest and keeping your assets separate from theirs.
Following your specific instructions and preferences, clearly documented in your EPA.
At Mobile Wills Calgary, we clearly explain these duties to your chosen attorney to ensure they fully understand their role.
Clearly Define Your Attorney's Powers and Limitations
When drafting your EPA, you can clearly specify exactly what your attorney can and cannot do. Commonly granted powers include:
Managing bank accounts and investments.
Buying, selling, or managing real estate.
Filing taxes and applying for government benefits.
Paying bills, managing debts, and maintaining your household expenses.
Making decisions on continuing charitable contributions.
You can limit these powers to certain transactions or assets or provide broader authority, depending on your preferences.
Affordable Flat-Fee Pricing: Clearly outlined upfront with no hidden costs.
Professional Legal Drafting: Fully compliant with Alberta law, ensuring validity and effectiveness.
Complete Mobile Convenience: We visit your home, office, or location of your choice at no extra cost.
Personalized Guidance: Clearly tailored documents addressing your specific situation and goals.
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.
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.
