What Is A Power Of Attorney (POA) In Alberta?
Alberta POAs are documents that give the ability for someone else to act on your behalf. POA is short for power of attorney. These power of attorneys have a variety of names as set out below. Alberta POAs are legal documents. You are liable for the actions that the person takes on your behalf. This means that you need the right Alberta POA for your specific situation and circumstances. The POA lawyers in both Calgary and Edmonton, enjoy helping if you need a POA.
Different Types Of POAs
There are a variety of Alberta POAs. They each have a specific use and context. Some types of Alberta POAs have different names but actually refer to the same type of document. Here are examples of the types of Alberta POAs that you may need:
Specific Power Of Attorney
A specific power of attorney is the simplest power of attorney. This type includes the least function. It very specifically set out as to what a person is authorized to make decisions on for you. You should use this type of POA when you need someone to do one specific thing for you. It is also a good choice to use when you require only the completion of one specific transaction such as a POA for a real estate transaction. It is very limited as to what your attorney has authority to do using the document.
General Power Of Attorney
A general power of attorney is used to give a very broad term of use to the attorney. With a general Power of Attorney, you are giving the ability to do anything that you can legally do. This means that there are very few limits on the attorney. You must be able to absolutely trust this person. There are limits on certain things that you cannot give away control of. For example, that person cannot pass on the general POA to someone else to use. Also, if you lose mental capacity, your attorney will no longer be able to make choices for you. If you use either a durable or enduring POA, you ensure that you have someone able to act in case you lose the ability to decide on your own.
Enduring Power Of Attorney
An enduring power of attorney is a POA that gives broad or narrow powers to someone. Usually they are broad as they are meant to be used to take over financial decision making for a person to avoid the cost and time in getting trusteeship. It is different than the above POAs because it endures past the losing of mental capacity of the donor. There is very specific language required inorder to ensure that the documents drafting leads to a valid and acceptable docuement.
Durable Power Of Attorney
A durable power of attorney is similar to a Enduring Power of Attorney. While the words are often used interchangeably, some people refer to one for situations where the POA does not start working until a person loses capacity. They then use the other that is active right away but also survives the losing of capacity. In reality the term is less important. What is more important is the wishes of the person giving the POA. If drafted properly, the ability to make use of either of such documents exists.
Advantages Of A POA
There are several risks and advantages of a POA. The following are some of the advantages:
- Convenience: You can have someone sign off on things for you.
- Practicality: There are times where you may not be able to sign off on material related documents.
- Control: You control the amount of power the Power of Attorney gives and the duration
- Savings: Having a Power of Attorney can save you thousands in avoiding a court order for trusteeship.
- Flexible: A POA is useful in almost all situations. Drafting of the document is specifically done in a way that is custom to what you need.
Risks Of A POA
- Too Narrow: may not think of all situations that may need to be covered and the POA will not accomplish what you need.
- Loss: You may give POA to someone who does not follow your wishes and takes advantage of the situation.
- Error: The person you give POA to may not have a good understanding of what you need or want done. May not know how to manage your assets and finances or may make
- Duration: It is important to revoke your POA when you no long need to have the attorney act for you.
Picking Your Attorney In Your POA
Often people experience difficulty when deciding whom to name to act on their behalf. The number one aspect in picking your attorney in your POA is trust. By naming them, you give this person significant powers. Consequently, you must be in a position to trust that they always intend to act with your best interest at heart. When picking someone, several other factors come into play. For example, these include:
- Is that person reliable?
- Does that person have the experience to properly deal with your specific asset(s)?
- Will this person agree to act on your behalf not only now but in the future?
- Do you anticipate that, when needed your attorney will have the time to act? and, lastly
- Does the person named in your Power of Attorney know what you want them to do on your behalf?
If down the line, you decide that you want to change your Power of Attorney, you do have that option as well. Click here to read about revoking power of attorney.
Lawyers In Calgary & Edmonton, Alberta Help Pick The Right POA For You
Making the right choice often involves ensuring you have all the information you need to make that choice. Both our Edmonton and Calgary, Alberta lawyers help you understand the power of attorneys. We help you pick the right kind for your situation to protect you and your loved ones. We also advise you of the risks and advantages with each type. Kahane Law Office is happy to assist you in all matters relating to a power of attorney. Call today! If you want help in Calgary, please call 403-225-8810 locally. Alternatively, if you live in the Edmonton area, please call 780-571-8463. You can also reach us toll free at 1-877-225-8817 if that is easier, or email us directly here.