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Power of Attorney (Alberta) – Part 2…

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Power of Attorney (Alberta)

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.

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice, you should seek professional assistance.

This is the second blog about Enduring Powers of Attorney in Alberta. In my first blog, I talked about what they are and why you should have and what happens if you don’t have one. In this blog, I’ll discuss the legal requirements to have one, whether a lawyer is required, and when it becomes effective.

What are the legal requirements to have an Enduring Power of Attorney?

To have a valid Enduring Power of Attorney under sections 2 and 3 of the Powers of Attorney Act:

  1. It must be written and signed by the Donor and one witnesses (who must be present when the Donor signs the Enduring Power of Attorney). It need not be in a set form or template.
  2. The document must authorize a person to be an Attorney to make decisions, on the Donor’s behalf, concerning the Donor’s property and finances.
  3. The Donor must be at least 18 years old at the time of making the Enduring Power of Attorney.
  4. The Donor must be mentally capable of understanding the nature and effect of the Enduring Power of Attorney at the time they sign it.
  5. The Enduring Power of Attorney must be signed by one witness who IS NOT: a minor, the Attorney, a person who signs the Enduring Power of Attorney on the Donor’s behalf, or the spouse or adult interdependent partner of the Attorney, Donor, or person who signs on behalf of the Donor.

With respect to the requirement that a Donor must have sufficient capacity to grant the Enduring Power of Attorney, the Donor must be over 18 years old and should:

  • know what kind of property he or she has and it’s approximate value;
  • be aware of the obligations owed to his or her dependents;
  • know that the Attorney must account for his or her dealings with the person’s property;
  • know what authority is being granted to the Attorney;
  • appreciate that the Attorney’s mismanagement could result in a decline of the value of property; and
  • understand the consequences of an Attorney misusing their authority.

Even if YOU DO have sufficient mental capacity at the time of making the Enduring Power of Attorney, an interested party can apply to the court afterwards to question that capacity.

Is a lawyer required?

The Powers of Attorney Act does NOT require that a lawyer prepare or help you complete a Power of Attorney. That said, if you have a complicated situation (e.g. specific attorneys for specific purposes, a limited scope power of attorney, etc.), it may be worthwhile to engage a lawyer to prepare a Power of Attorney or Enduring Power of Attorney for you. If you are worried that a party may challenge in the future your mental capacity to make the power of attorney, you should also consult a lawyer. They will know how to legally address this situation (e.g. by getting a medical report confirming your capacity at the time you make the Power of Attorney) to reduce the risk of future challenges.

When does an Enduring Power of Attorney take effect?

An Enduring Power of Attorney generally takes effect IMMEDIATELY as soon as it is signed or when the Donor becomes mentally incapacitated or infirm. If you want the Enduring Power of Attorney to apply only at a certain time (e.g. a date) or upon the occurrence of a certain event (e.g. when you are deemed incapacitated by two independent medical practitioners), then it should clearly state that.

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