Will - Updating Will - Invalid or No Will - Power of Attorney - Personal Directive
ALBERTA REQUIREMENTS for a POWER OF ATTORNEY
Ensure your power of attorney is valid, so it legally protects your financial and property interests while still alive, yet incapable of acting for yourself due to personal incapacity.
To schedule an appointment, contact our law firm at 403-400-4092 or Chris@NeufeldLegal.com
The principal requirements for a valid Power of Attorney in the province of Alberta, requires that you (the donor) ensure that the legal documentation meets the statutory prerequisites (pursuant to the Powers of Attorney Act (Alberta)):
A. Donor Requirements
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You must be at least 18 years of age.
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You must have the mental capacity to understand the nature and effect of the document when you sign it. This means you must understand what powers you are granting and to whom.
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The decision to create the Power of Attorney must be made voluntarily, without any coercion or undue influence from others.
B. Attorney Requirements
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The person you appoint as your attorney must be at least 18 years of age.
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They must be mentally capable of understanding their role and responsibilities.
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It is generally recommended to appoint someone you trust implicitly, as they will have significant power over your financial affairs.
C. Document Requirements
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The Power of Attorney must be in writing.
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It must be dated.
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It must be signed by you (the donor) and by one witness.
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For an Enduring Power of Attorney, the document must explicitly state that the power is to continue even if you become mentally incapacitated.
D. Witness Requirements
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The witness must be at least 18 years old and mentally capable.
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The witness must be present when you sign the document.
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Certain people cannot be a witness to a Power of Attorney:
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The person you are appointing as your attorney.
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The spouse or adult interdependent partner of your attorney.
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Your own spouse or adult interdependent partner.
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E. Further Considerations of Substantial Consequence
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Scope of Powers: The Power of Attorney document should clearly outline the powers you are granting to your attorney. The powers can be broad, giving the attorney authority over all your financial affairs, or limited to specific tasks, such as managing a rental property.
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Alternate Attorney: It is wise to name an alternate or successor attorney in your document in case your first choice is unable to act due to death, incapacity, or unwillingness.
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No Healthcare Decisions: A Power of Attorney only grants authority over financial and property matters. To appoint someone to make personal and healthcare decisions for you, you must create a separate legal document called a Personal Directive [more on personal directives].
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Legal Advice: While it is possible to create a Power of Attorney on your own, it is highly recommended to seek legal advice from an experienced lawyer in this area of legal practices. This ensures that the document is legally sound, protects your interests, and accurately reflects your wishes.
Our law firm can help you plan for the future or deal with the legal demands associated with powers of attorney for finances and property. Contact our law firm today at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.
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