How to Choose the Right Attorney for Enduring Power of Attorney in Alberta
Naming someone as your attorney under an Enduring Power of Attorney (EPA) is one of the most important estate planning decisions you’ll make. This person will have significant control over your financial life if you become mentally incapacitated.
At Mobile Wills Calgary, we help clients think carefully and clearly about who they choose for this critical role. Below, we outline key criteria, red flags, legal considerations, and helpful advice to make a confident, informed choice.
What Does an Attorney Under an Enduring Power of Attorney Actually Do?
In Alberta, your attorney will be legally responsible for managing your financial and legal affairs if you can’t do it yourself. Depending on how you structure your EPA, this can include:
Managing day-to-day bills and expenses
Handling bank accounts, investments, and mortgages
Filing taxes and applying for benefits
Managing or selling property
Overseeing business or rental income
Making charitable donations on your behalf
This person must act strictly in your best interest—not their own—and follow all Alberta legal obligations.
Qualities to Look For in a Power of Attorney
When choosing your attorney, consider these must-have qualities:
✔ Trustworthiness
The most important trait. This person will have access to your money and assets—choose someone with a history of acting honestly and ethically.
✔ Financial Responsibility
They don’t need to be an accountant or lawyer, but they should be organized, able to manage money, and make sound decisions.
✔ Availability
Your attorney must be reasonably available—especially if your EPA takes effect immediately. Someone living in or near Calgary is ideal.
✔ Emotional Maturity
The attorney should be level-headed, discreet, and calm under pressure. They may need to navigate family tension or unexpected situations.
✔ Health & Longevity It’s smart to name someone who’s likely to outlive you and be able to act for years, if needed.
Who Should You Consider Naming?
Common choices include:
A spouse or common-law partner
An adult child
A trusted sibling or family member
A close family friend
A professional (in some complex situations)
Always talk to your proposed attorney before naming them. Make sure they’re comfortable and willing to take on the responsibility.
Who Should You Avoid Naming?
While it may seem convenient, avoid naming someone who:
Has a history of financial problems, gambling, or bankruptcy
Struggles with substance abuse or legal issues
Might have conflicts of interest (e.g. a business partner or beneficiary)
You’ve had serious disagreements with
Is likely to be pressured by other family members
You can love someone deeply without making them your financial decision-maker. This role requires judgment, not just good intentions.
Can I Name More Than One Attorney?
Yes. You may appoint:
Joint attorneys (they must act together)
Joint and several attorneys (they can act separately)
Alternate attorneys (someone who steps in only if the primary is unable/unwilling)
However, naming multiple people can create complexity, especially if they don’t agree. If you name joint attorneys, choose individuals who get along well and communicate clearly.
What Happens If My Attorney Refuses or Becomes Incapable?
This is why naming an alternate attorney is essential. If your primary attorney dies, becomes incapacitated, or declines the role, your alternate will step in with full legal authority—avoiding court delays or the need for guardianship proceedings.
In Alberta, your attorney must be:
At least 18 years old
Mentally capable
Not your paid caregiver (e.g., a home care worker or support staff)
They must also act under fiduciary duty—which means putting your interests first, keeping proper records, and not benefiting personally from your assets unless explicitly authorized.
Our Recommendation
We recommend you:
Think carefully about the person’s financial sense, reliability, and emotional intelligence.
Have a direct conversation with them about the responsibility.
Name a single attorney, unless there’s a compelling reason to name two.
Always name an alternate, just in case.
At Mobile Wills Calgary, we’ll walk you through these decisions clearly and professionally—ensuring your Enduring Power of Attorney is valid, enforceable, and trusted.
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.
