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Enduring Power of Attorneys & Personal Directives
Enduring Power of Attorney & Personal Directives in Calgary, Alberta
Secure your future today. At Randhawa Law Office, we guide Calgary residents through the essential process of preparing Enduring Powers of Attorney (EPA) and Personal Directives (PD). These critical legal documents ensure your financial, healthcare, and personal decisions remain in trusted hands if you become unable to make them yourself.
Table of Contents
Understanding Enduring Powers of Attorney
An Enduring Power of Attorney is a vital legal document that empowers you to designate someone you trust to manage your financial and property matters when you become mentally incapable. Unlike a regular power of attorney, an EPA “endures” beyond your loss of mental capacity, providing continuous protection for your financial interests.
Key Features of EPAs:
- Comprehensive Financial Authority: Your appointed attorney can manage all finances, property, business affairs, and arrange funding for healthcare needs
- Flexible Timing: Can take effect immediately upon signing or only when you lose mental capacity
- Revocable: You can change or cancel the EPA as long as you remain mentally capable
- Legal Protection: Prevents costly court proceedings that family members would otherwise need to navigate
Understanding Personal Directives
A Personal Directive allows you to appoint an agent to make healthcare and personal decisions on your behalf when you cannot. This document exclusively covers non-financial matters and ensures your personal values and preferences are respected during times of incapacity.
What Personal Directives Cover:
- Medical Treatment Decisions: Specify desired or refused medical treatments
- Living Arrangements: Choose where and with whom you’d like to live
- Personal Care: Decisions about recreation, employment, and education
- Child Care: Temporary care arrangements for minor children
Why Both Documents Are Essential
Without these documents, your family faces significant challenges. In Alberta, no one—not even your spouse—can automatically make decisions on your behalf. Without proper documentation, family members must apply to court for guardianship or trusteeship authority, creating delays, expenses, and uncertainty during already difficult times.
The Benefits of Proper Planning:
- Avoid Court Proceedings: Eliminates the need for expensive and time-consuming guardianship applications
- Maintain Control: You choose who makes decisions and how they’re made
- Reduce Family Stress: Clear instructions prevent disagreements and uncertainty
- Ensure Continuity: Financial and personal matters continue seamlessly
Legal Requirements in Alberta
Both documents must meet specific legal standards to be valid:
For Enduring Powers of Attorney:
- Must be written and dated
- Signed by you in the presence of a witness
- Witness must also sign in your presence
- Must explicitly state the authority continues during mental incapacity
- Witness cannot be the attorney, attorney’s spouse, or your spouse
For Personal Directives:
- Must be in writing, dated, and signed by you
- Requires one witness signature
- Takes effect only upon verified mental incapacity
- Can be registered with the Office of the Public Guardian and Trustee
Frequently Asked Questions (FAQ)
Are these documents mandatory in Alberta?
No, but without them, your family may need to apply to the court for decision-making authority.
Can I choose different people for each role?
Yes, you can appoint different individuals for financial and personal decisions.
When do these documents take effect?
Only when you are deemed mentally incapable of making decisions.
Can I change or cancel them later?
Yes, as long as you are mentally capable.
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