An Enduring Power of Attorney is a document which allows a person, called the Donor, to give another person, called the Attorney, authority to deal with many of the Donor's legal and financial matters on behalf of the Donor. An Enduring Power of Attorney can allow the Attorney to do all things with the property and finances of the Donor that the Donor could do for him or herself. Among other things, these include:
An Enduring Power of Attorney is different than a general power of attorney in that an Enduring Power of Attorney is valid even after the Donor becomes mentally incapacitated or infirm.
An Enduring Power of Attorney can become effective immediately upon signing by the Donor (and witnesses) and continue to be valid even after the Donor has become mentally incapacitated or infirm. An Enduring Power of Attorney can also state that it becomes effective at a specified future time or on the happening of a specific event. This specified event can be the mental incapacity or infirmity of the Donor. The Enduring Power of Attorney can state how mental incapacity or infirmity of the Donor is to be determined.
An Enduring Power of Attorney is no longer effective at the death of the Donor or the Attorney.
An Enduring Power of Attorney can be revoked by the Donor at any time by the Donor until the time that the Donor becomes mentally incapacitated or infirm.
An Enduring Power of Attorney does not allow the Attorney to deal with matters affecting the person of the Donor, such as living arrangements, medical treatments or employment. The Government of Alberta has recently passed legislation allowing such powers to be granted in a document called a Personal Directive.
Further information in this regard is available from any of the lawyers on our staff or, in particular, you may wish to contact Richard Davidson, Q.C., Cindee Nyrose, or Roy Davidson