Powers of Attorney & Directives
Power of Attorney Lawyers in Edmonton
If illness or injury left you unable to make decisions, who would manage your finances and your health care? An enduring power of attorney and a personal directive let you choose — and avoid a court application.
Our power of attorney lawyers in Edmonton prepare enduring powers of attorney and personal directives under Alberta's Powers of Attorney Act and Personal Directives Act, usually alongside your will.
What we prepare
- Enduring powers of attorney
- Springing powers of attorney
- Personal directives
- Health care wishes
- Alternate attorneys & agents
- Advice for attorneys & agents
Enduring power of attorney
An enduring power of attorney appoints someone (your attorney) to manage your financial and legal affairs, and continues if you lose mental capacity. It can take effect immediately, or be "springing" — taking effect only on a specified event, such as incapacity. It must be signed in front of a witness, and certain people — including your attorney and your spouse or partner — can't be the witness.
Personal directive
A personal directive names an agent to make personal decisions for you — health care, where you live, and other non-financial matters — if you can't. It can also record your wishes about treatment and care.
Why they matter
Without these documents, your family may need to apply to court under Alberta's Adult Guardianship and Trusteeship Act to be appointed your guardian or trustee — a slower, more costly and more public process.
Choosing the right people
- Choose people you trust who are organized and willing to act
- Name alternates in case your first choice can't act
- Consider whether two people should act together or separately
We usually prepare these documents with your will as a complete estate plan.
FAQ
Frequently asked questions
Have a question that isn't answered here? Call 780-229-4559 or see all FAQs.
What is the difference between a power of attorney and a personal directive?
An enduring power of attorney covers financial and legal affairs. A personal directive covers personal and health care decisions. Most people should have both.
When does an enduring power of attorney take effect?
Either immediately when signed, or on a specified event such as incapacity (a 'springing' power of attorney). Either way, it continues if you lose capacity.
What happens if I don't have a power of attorney?
Your family may need to apply to court to be appointed your trustee or guardian, which takes time and costs money.
Can I change my power of attorney?
Yes. While you have capacity, you can revoke and replace your power of attorney or personal directive.
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