Enduring Power of Attorney

Enduring Power of Attorney2018-03-20T03:53:02+00:00
endouring power of attorney; enduring power of attorney; calgary power of attorney; power of attorney lawyer

Calgary Enduring Power of Attorney Lawyers

Calgary Power of Attorney Lawyers

A power of attorney, or POA, is a legal document where you appoint a representative to act as your attorney (agent). This person can make legal and financial decisions for you and deal with your assets including vehicles, land, homes, businesses, bank accounts, investments, etc. By having our Calgary lawyers draft one for you, you can decide, while you have capacity, who you trust to act for you when you cannot. Power of Attorney documents are governed in Alberta by the Power of Attorney Act. Enduring power of attorneys are also referred to as a durable power of attorneys.

Three types of Powers of Attorney

Specific POAs:

This allows a specific person to act on your behalf for a specific circumstance such as buying or selling a home or running a business. The ability for your representative to use it starts on proper execution of the document.

General POAs:

This allows a person to act on your behalf in most matters. You can limit the scope by time but a general power of attorney encompasses all aspects of your life with respect to dealing with your assets. Learn more about a General Power Attorney here.

Enduring POAs:

This type of power of attorney allows someone to act on your behalf but only if and when you lose your mental or legal capacity. There are a variety of “tests” or conditions that you can setup to determine when you are considered incapacitated. Specific and general powers of attorney can be effective on signing but then continue past incapacity but they must specifically state that in the POA.

Choosing A Personal Representative Is Important

Without an enduring power of attorney, someone will have to apply to the courts to be able to make decisions on your behalf. While mentally incapacitated, you are unable to make these determinations for yourself. There are times where different individuals with different agendas may apply for this decision making role and, in the absence of your giving power of attorney; there may be a costly fight for control of your assets. Without one, a public trustee may make financial decisions for you.

Our litigation lawyers are able to assist in situation where there is a dispute as to who is the most appropriate person to have represent an incapacitated individual.

Getting Your POA Today

Our lawyers in Calgary can help you understand the complexities of the different powers of attorney and can help draft one to fit your needs. Kahane Law Office would be pleased to assist you in all matters relating to powers of attorney. You can reach us toll-free at 1-877-225-8817, 403-225-8810 locally or email us directly here.