Alberta Enduring Powers of Attorney
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- British Columbia
- New Brunswick
- Nova Scotia
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- Comes with free eBook about Powers of Attorney for your Province
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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.