General Power of Attorney in Alberta
A general power of attorney allows someone to act on your behalf. They are also referred to as a general POA. Calgary, Alberta general POA lawyers at Kahane Law Office can draft the power of attorney to meet your specific needs. Since the document gives very broad powers, it is good to seek legal advice from a lawyer with specific experience with general power of attorneys. Call us at 403-225-8810 for the assistance you need in a general power of attorney.
What Does A General Power of Attorney Do?
A general power of attorney is, by its definition, very broad. The usually allow another person to do any thing and make any decision for you that you are legally allowed to make yourself.
When Should a Person Use A General POA?
A general power of attorney (video link) is usually used by close family members or good friends. Since they give a broad scope of powers, they should only be given to people that you trust. They are useful when a person will be out of town, or unavailable to sign documents on their own behalf. To be more protective, you can use a specific POA. This is set up for one specific use only. For example, it may be used for the sale of a home.
In addition, they are not intended for when a person does not have capacity to make decisions on their own. For that a Enduring Power of Attorney is the proper document to use. There is more on this link and below.
What a General Power of Attorney Does Not Do
How Death affects a General POA
A general POA does not survive death. Once a donor passes away, then they cannot make decisions. This means that their power of attorney cannot either. On the death of the donor, the ability to make decisions for the persons estate falls to whomever is named in their will.
Incapacity and a General Power of Attorney
Unless specifically stated, a general POA does not survive the donor becoming incapacitated. Again, since a person loses their ability to legally make decisions, a person using the general power of attorney does too.
General Power of Attorney Lawyers in Calgary, Alberta
What Is Important to Know About A General POA?
There are important limitations to general POAs. Firstly, they must be signed in writing and there must be a witness. Secondly, there are restrictions on certain activities. For example, to deal with real property (real estate) the general POA must specifically state that the power to deal with real estate is given. It is important to use the right language or the Land Titles Office in Alberta will reject the POA. A person also cannot transfer land to themselves using a general power of attorney. It is extremely important to talk tot a general power of attorney lawyer for real estate matters.
Getting Help From a General Power of Attorney Lawyer in Calgary
To schedule an appointment with one of our lawyers who are experience with general POAs, please contact our experienced team at Kahane Law Office. CONNECT NOW. We can be reached at 403-225-8810 locally in Calgary, Alberta or toll-free at 1-877-225-8817, email us directly here.