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Corporate / Estate Litigation / Wills, Estates & Probate / Real Estate

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Enduring Power of Attorney Alberta: Frequently Asked Questions

How do I cancel an Enduring Power of Attorney?

You can cancel an Enduring Power of Attorney any time as long as you are mentally capable of doing so. Cancelling must be done in writing. You will also have to let the person or organization appointed as attorney know that you cancelled it. When you cancel the Enduring Power of Attorney, you can, at the same time, appoint a new attorney.

What if the person I choose as my attorney is unable to act when needed?

If you are concerned that your attorney may not be able to fulfill his or her duties when required, you can appoint an alternate within your Enduring Power of Attorney.

Do I need witnesses when creating an Enduring Power of Attorney?

Yes, you need to date and sign in the presence of one witness. The witness, who must be someone other than your attorney, his or her spouse, or your spouse, must then sign in your presence. As with wills, if your witness does not judge you to be mentally capable of creating an Enduring Power of Attorney, he or she should refuse to sign.

I live in Alberta but the person I wish to appoint as my attorney does not. Do I have to choose someone else?

You can appoint a person who does not live in Alberta. Remember to talk to the person first; he or she may feel that handling your affairs from afar will be too difficult.

Can I restrict what my attorney can do with my property?

Yes. In a typical Enduring Power of Attorney, the attorney has the same power you have over your finances and property and can do anything you could do. However, you can include restrictions or conditions in the Enduring Power of Attorney. This means, for example, that you can state that the attorney can use your money for some purposes but not for others.

What if my attorney dies before me?

The Enduring Power of Attorney is no longer valid and you will need to create a new one.

It is always a comfort to work with your team on a real estate transaction. For me it is carefree. I know I won’t have to worry about anything. I also tell my clients that I choose professionals to work with who are extensions of my professionalism. They are always pleased. Thanks to you and your staff, John.

- Toni Bousquet – Royal LePage, Benchmark