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Enduring Powers of Attorney

Powers of Attorney Lawyers in Calgary

What would happen if I was in a serious accident or suffered a major illness and needed money? How would my family survive financially? How could they pay for my medical treatment?

These types of questions are often asked by our clients, particularly those who are older or at greater risk of health problems. You may not realize the difficulties that can arise in accessing your bank accounts, investments and personal and real property if you are ever incapable of doing so yourself. It can be a costly and lengthy procedure to gain court approval. Fortunately, there is a simple, proactive solution available: prepare an Enduring Power of Attorney (“EPA”). An EPA is governed by the Powers of Attorney Act of Alberta.

An EPA is a legal document in which you appoint a close friend or family member to be your Attorney and grant them access to all or some of your assets. The Attorney’s power can either be effective immediately or only if and when you are mentally incapable (as determined by your doctor or the hospital). It is “enduring” because it remains in force even if you become mentally incapable. Armed with an EPA, your Attorney can ensure that money is available for your care and for your family when needed most.

What You Need to Know About Powers of Attorney

  • If you become mentally incapable, your loved ones may not be able to access your assets to care for you and your family.
  • Preparing an EPA now can save you and your loved ones from encountering problems in the future.
  • An EPA appoints an Attorney to handle your financial affairs if you are ever incapable of doing so yourself.
  • Your Attorney must maintain an accounting of how your assets are managed.