Enduring Power of Attorney in Alberta; What It Is and Why You Need One Now

An enduring power of attorney is one of the most important legal documents available to Albertans, and one of the most commonly delayed. Most people think about it when a family member loses capacity, or when a lawyer brings it up during estate planning. By then, the options are far more limited.

Here is what an enduring power of attorney is, how it differs from other types of power of attorney, and why Document Genie in Edmonton recommends not waiting to get one.

What Is a Power of Attorney?

A power of attorney is a legal document in which one person, the grantor, gives another person or persons, the attorney, the legal authority to make decisions on their behalf. The attorney can be a spouse, family member, trusted friend, or professional advisor. Depending on the type of power of attorney, this authority can be broad or limited to specific matters.

What Makes an Enduring Power of Attorney Different?

The key feature of an enduring (or continuing) power of attorney is that it remains valid even if the grantor becomes mentally incapacitated. This is the defining characteristic that makes it so important.

A general power of attorney, by contrast, becomes void if the grantor loses mental capacity. This means that if you are incapacitated, through illness, accident, dementia, or any other reason, a general power of attorney provides no protection at all. An enduring power of attorney was specifically created to address this gap.

What Decisions Can an Attorney Make?

The scope of authority granted in an enduring power of attorney can cover:

• Financial decisions — managing bank accounts, paying bills, making investments

• Property matters — selling or managing real estate on the grantor's behalf

• Legal and contractual decisions — signing contracts, managing legal proceedings

• Business operations — if the grantor runs a business

A separate document, a Personal Directive, also known as a Living Will or Advance Care Directive, covers personal care and healthcare decisions. Document Genie prepares and notarizes Personal Directives as well.

What Happens Without One?

If a person becomes incapacitated without an enduring power of attorney in place, their family cannot simply step in and manage their affairs. In Alberta, a court application for a Trusteeship Order is required, a process that can take months, cost thousands of dollars in legal fees, and cause significant stress for the family at an already difficult time. An enduring power of attorney, prepared now, eliminates this entirely.

When Does It Come Into Effect?

An enduring power of attorney can be structured in two ways. It can come into effect immediately upon signing, useful if the grantor wants their attorney to be able to act on their behalf right away, for example if they are traveling abroad. Or it can be structured as a 'springing' power of attorney that only comes into effect upon incapacity, as determined by one or more medical professionals. The right structure depends on your circumstances.

What Document Genie Does

Document Genie witnesses and notarizes enduring powers of attorney at our Edmonton office. We do not provide legal advice on what the document should contain, for guidance on drafting the document itself, we recommend consulting an Alberta lawyer. Once your document is prepared, we witness your signature and apply our notarial seal, making it legally valid in Alberta and for applicable use outside the province.

If your enduring power of attorney will be used in another country, for example, to manage property abroad, we can also prepare it for apostille or international use.

Other Powers of Attorney We Notarize

• General Power of Attorney, for broad financial authority

• Limited or Specific Power of Attorney, for a single transaction such as a real estate sale

• Power of Attorney for Personal Care or Healthcare

• Power of Attorney for International Use

• Revocation of Power of Attorney

Ready to get started? Walk in to Document Genie, no appointment needed.