Enduring Power of Attorney FAQs in Alberta: Common Questions Clearly Answered
At Mobile Wills Calgary, we understand that creating an Enduring Power of Attorney (EPA) can raise many important questions. Here, we’ve compiled the most common FAQs about Enduring Powers of Attorney in Alberta, clearly answered to provide complete clarity and peace of mind.
What is an Enduring Power of Attorney (EPA)?
An Enduring Power of Attorney is a legal document in Alberta that grants authority to someone you trust (your attorney) to handle your financial and legal matters if you become incapacitated. This authority “endures” or continues even after you lose mental capacity.
- Regular Power of Attorney:
Valid only while you’re mentally capable and ends if you become incapacitated. - Enduring Power of Attorney:
Remains valid even if you lose mental capacity. Clearly, it’s specifically designed for long-term protection.
Who Should Have an Enduring Power of Attorney in Alberta?
Every adult Albertan should strongly consider having an EPA. It’s especially critical for individuals who:
Own property or substantial assets.
Have specific financial preferences they want protected.
Want to avoid costly court-appointed trusteeship.
Are elderly or face potential health concerns.
Who Can Be My Attorney Under an Enduring Power of Attorney?
Your attorney should be:
At least 18 years old.
Trustworthy, financially responsible, and reliable.
Likely to outlive you and be accessible (ideally in Calgary or nearby).
Willing and capable of managing financial responsibilities diligently.
Can I Appoint Multiple Attorneys?
Yes, you can appoint multiple attorneys to act either jointly or separately. Clearly, it’s essential to specify how decisions should be made:
Jointly: All attorneys must agree on every decision.
Jointly and severally: Any attorney can act individually.
Should I Name an Alternate Attorney?
Absolutely. Naming an alternate attorney is highly recommended. If your primary attorney becomes unavailable, unwilling, or unable to serve, your alternate attorney clearly and smoothly takes over, avoiding delays and legal complications.
When Does an Enduring Power of Attorney Take Effect?
Two main types clearly exist:
Immediate EPA: Takes effect as soon as it’s signed, remaining valid if you become incapacitated.
Springing EPA: Only takes effect when you become mentally incapacitated (typically certified by medical professionals).
How is Incapacity Determined for a Springing Enduring Power of Attorney?
Usually, incapacity is determined clearly by written certification from one or two licensed medical professionals (doctors or psychologists) who confirm you’re unable to manage your own financial affairs.
Can My Attorney Make Healthcare Decisions Too?
No, an EPA specifically covers only financial and legal matters. Healthcare and personal decisions require a separate legal document called a Personal Directive. It’s clearly beneficial to have both documents professionally prepared for comprehensive protection.
Yes, you can clearly specify exactly which powers your attorney has or does not have. You might authorize:
Paying bills, taxes, and managing your day-to-day finances.
Buying, selling, or managing real estate.
Handling investment decisions.
Applying for government benefits.
You can also restrict or expand these powers clearly to fit your specific needs.
What Are My Attorney's Legal Responsibilities?
In Alberta, attorneys under an EPA have clear fiduciary duties, including:
Acting strictly in your best interests.
Keeping accurate financial records.
Keeping your property separate from theirs.
Avoiding conflicts of interest.
Following your specific instructions or wishes stated in the EPA.
It’s wise to review your EPA every 3–5 years or sooner after significant life changes such as marriage, divorce, relocation, financial changes, or the death/incapacity of your attorney or alternate attorney. Regular updates ensure your EPA clearly reflects your current wishes.
Can I Cancel or Revoke My Enduring Power of Attorney?
Yes, provided you clearly have mental capacity, you can revoke your EPA anytime. Revocations must be done clearly in writing and communicated to your attorney, alternate attorneys, and financial institutions.
Generally, no. DIY or online EPAs can easily become invalid due to minor errors, improper witnessing, or incomplete instructions. Professional EPAs prepared by Mobile Wills Calgary clearly ensure legal validity, effectiveness, and comprehensive protection.
Do I Need a Lawyer for an Enduring Power of Attorney?
While not strictly required by law, clearly using a qualified lawyer significantly reduces risk. At Mobile Wills Calgary, our professionally drafted EPAs provide complete confidence that your document is legally valid, tailored specifically to your circumstances, and properly executed.
Affordable, Transparent Pricing: No hidden costs, clearly outlined flat-rate fees.
Premium Mobile Convenience (Always Included): We visit you at home or office at your convenience.
Expert Legal Drafting: Professional, Alberta-compliant documents clearly tailored to your exact needs.
