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Enduring Powers of Attorney (Part 3)

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Alberta Enduring Powers of Attorney

If you are looking for a Power of Attorney, then look no further:

The Power of Attorney Wizard will allow users to make a custom-tailored .pdf Power of Attorney for property and financial matters. There’s nothing else like it on the Internet. It’s been in the works for many months and will be available for the following provinces:

  • Ontario
  • Alberta
  • British Columbia
  • Saskatchewan
  • Manitoba
  • New Brunswick
  • Nova Scotia

So what makes the Power of Attorney Wizard so great? A lot! It is the most advanced, comprehensive, and flexible software out there for making a Power of Attorney (including Enduring Powers of Attorney). The amount of detail that went into this software is truly amazing. Here are some highlights:

  • Very comprehensive (nothing else comes close)
  • Very flexible in terms of the options (again, nothing else comes close)
  • Based on provincial POA laws (unlike other kits)
  • Created by a Canadian lawyer (i.e. me)
  • Comes with free signing instructions
  • Comes with free edits for 90 days
  • Comes with free eBook about Powers of Attorney for your Province
  • It will be regularly updated (particularly when the laws change)
  • Affordable: only $26 + tax!

I’m very excited about the Power of Attorney Wizard. It will go hand in hand with Canada’s #1 Will-creation software: the Will-O-Matic, which is offered exclusively here on DynamicLegalForms.com. I’m sure the Power of Attorney Wizard will get as much fanfare from the public and the press as the Will-O-Matic has received in the short time that it has been around.

This is the third blog in a series of blogs I’m writing about Enduring Powers of Attorney in Alberta. You can read my first blog here and my second blog here.

How do you terminate an Enduring Power of Attorney

If the Donor becomes mentally incompetent and is unable to revoke the Enduring Power of Attorney, the Enduring Power of Attorney and the Attorney’s authority to act will continue until or unless terminated in any of the following circumstances:

  • If, upon the application to the Court of an interested person, the Court were to remove the Attorney;
  • Upon the Court appointing a Trustee to act as Trustee of the Estate of the Donor under the Adult Guardianship and Trusteeship Act of Alberta;
  • Upon a Trustee being appointed to act as Trustee of the Estate of the Attorney under the Adult Guardianship and Trusteeship Act of Alberta;
  • Upon the obtaining of Court approval in the case where the Attorney has accepted the appointment and commences to act, but later wishes to resign;
  • Upon the death of the Attorney or the death of the last remaining Attorney; or
  • Upon the death of the Donor (in which case only the Personal Representatives of the Donor have the authority to deal with the Estate of the deceased Donor).

Do you have to deposit your Enduring Power of Attorney somewhere?

There is no requirement that you deposit your Enduring Power of Attorney in any specific place. Indeed, the government of Alberta does not offer any kind of registry for keeping Enduring Powers of Attorney. As such, it is best to leave the Enduring Power of Attorney in a secure place (e.g. fireproof safe, with a trusted third party) and let your Attorney know where it is (or give him or her a copy). Instead of making additional original versions of the Enduring Power of Attorney, it is best to make one version and then have a lawyer notarize a true copy of that original.

What happens if I die?

The Enduring Power of Attorney only has effect while the Donor is alive. When the Donor dies, their Will (if they have one) or Alberta’s intestate laws (if they do not have a Will) will govern the final disposition of their property. Here, the Attorney will need to account to the donor’s representative or trustee of their estate for the transactions that they entered into under the Enduring Power of Attorney: section 10(1) of the Powers of Attorney Act.

Duty and Authority of Attorney

Duty and Authority of Attorney

The Attorney has a fiduciary or special trust relationship with the Donor. As such, the Attorney is required to act in good faith in light of the Donor’s best interests. The Attorney’s duties include: following the Donor’s instructions, avoiding conflicts of interest, being loyal to the Donor, and not using the Donor’s personal information in a way that could prejudice the Donor’s interests.

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