Enduring power of attorney

An enduring power of attorney is a legal document that outlines your financial instructions and who will make decisions for you (your attorney).

It is written when you have capacity, and it can come into effect either:

• in the future if you lose capacity (e.g., illness that prevents you from making your own decisions).
• immediately and continuously if you lose capacity (e.g., you need help managing your financial matters now and but also if you are ill and unable to make your own decisions).

Every adult 18 years old and older should have an enduring power of attorney.

Who can be an attorney?

Your attorney does not have to be a lawyer. It should be someone 18 years old or older who you trust to protect and manage your assets and pay your bills on your behalf. This can be a trusted family member, friend or advisor.

You can name one or more people to be your attorney. If you name more than one person, you can state whether they are to act separately or jointly. It is also a good idea to specify how you want them to exercise their authority, make decisions and communicate with each other.

How do I create an enduring power of attorney?

There are no regulated forms for creating an enduring power of attorney on your own. It is recommended to make an enduring power of attorney with a lawyer to make sure you have protected all your financial interests, and that your enduring power of attorney is legal.

An enduring power of attorney will stay in effect until you change it, cancel it or die. It can be changed at any time as long as you have capacity. When you die, the authority for decision-making concerning your estate then shifts to the personal representative you have named in your will.

Keep your original enduring power of attorney in a safe place, tell the person named as your attorney that you have made an enduring power of attorney and let them know where it is kept or give them a copy. Review your enduring power of attorney every few years or whenever your life changes (e.g., change in health, becoming a new parent). 

Why is it important to have an enduring power of attorney?

If you do not have an enduring power of attorney and you lose the capacity to manage your finances, someone will have to apply to the court to be appointed to deal with your finances and property. This takes time and money and you will not have a say in who will be appointed. No one, not even your spouse or adult child, has the legal power to manage your financial matters without an enduring power of attorney or court order.

Visit the Government of Alberta for more information on the process of getting, enacting and ending an enduring power of attorney in Alberta.

More resources

Making an Enduring Power of Attorney: A booklet by the Centre for Public Legal Education Alberta about writing or changing an enduring power of attorney.

Making an Enduring Power of Attorney Checklist: A checklist by the Centre for Public Legal Education Alberta with things to think about before making an enduring power of attorney.

Being an Attorney under an Enduring Power of Attorney: A booklet by the Centre for Public Legal Education Alberta outlining what is involved in being named an attorney under someone's enduring power of attorney.