Enduring Power of Attorney and Personal Directive
Principal: [[Principal Full Legal Name]], currently residing at [[Principal Full Address, City, Alberta, Postal Code]] (the "Principal").
Attorney / Agent: [[Attorney/Agent Full Legal Name]], residing at [[Attorney Address, City, Alberta Postal Code]] (the "Attorney").
Successor Attorney: [[Successor Attorney/Agent Full Legal Name]], residing at [[Successor Address]] (the "Successor Attorney").
Effective Date or Trigger: [[This Power of Attorney is effective immediately upon execution / This Power of Attorney becomes effective upon the occurrence of the following triggering event: [[e.g., written declaration by two licensed physicians that the Principal lacks capacity to manage property or make personal decisions]] ]].
Continuing / Enduring Intent: [[This is an enduring power of attorney that continues in effect despite the Principal's mental incapacity or infirmity. OR This power of attorney is not enduring and terminates upon the Principal's incapacity.]]
1. Appointment and Acceptance
I, the Principal, appoint the Attorney as my true and lawful attorney to act for me and in my name, place, and stead with respect to the matters set out in this instrument.
If the Attorney is unable, unwilling, or unavailable to act, or if the Attorney's authority is revoked or terminated, I appoint the Successor Attorney with the same powers.
The Attorney and Successor Attorney (if acting) must accept the appointment in writing before exercising authority. Acceptance may be by signing below or by separate written acceptance.
2. Scope of Powers - Property and Financial Matters
The Attorney is authorized to do any act or thing that I could lawfully do with respect to my property and financial affairs, including but not limited to the following (the "Property Powers"):
- Buy, sell, exchange, lease, mortgage, or otherwise deal with any real property or interest in real property in my name.
- Buy, sell, transfer, or manage any personal property, vehicles, investments, securities, bank accounts, and digital assets.
- Open, close, and operate bank, investment, and credit accounts; sign cheques, make withdrawals, transfers, and electronic payments.
- Collect, receive, and give receipts for any income, dividends, interest, pensions, benefits, or other sums due to me.
- Pay my debts, taxes, insurance premiums, household expenses, and other obligations from my funds.
- Make gifts on my behalf, subject to any limitations stated in Section 6 or any separate written instructions I provide.
- Borrow money, grant security, and enter into credit arrangements on my behalf.
- Deal with Canada Pension Plan, Old Age Security, and other government benefits.
- Represent me before any government agency, financial institution, or court in property or financial matters.
- Execute all documents, contracts, and instruments necessary or incidental to the above powers.
3. Scope of Powers - Personal Care and Healthcare Decisions
To the extent permitted by the Personal Directives Act (Alberta) and other applicable law, the Attorney is authorized to make personal and healthcare decisions on my behalf (the "Personal Care Powers"), including:
- Consent to or refuse medical, dental, surgical, or other health treatments, procedures, and medications, after considering my known wishes, values, and beliefs.
- Arrange for my admission to, or discharge from, hospitals, long-term care facilities, or other care settings.
- Make decisions regarding my living arrangements, daily care, nutrition, hygiene, and safety.
- Access my personal information and health records as necessary to make informed decisions.
- Arrange for home care, support services, and transportation.
- Make decisions about participation in social, recreational, or religious activities.
These personal care powers are intended to be read together with any Personal Directive (advance directive) I may have made or may make under the Personal Directives Act.
4. Enduring vs Non-Enduring Designation
Enduring Effect (recommended for most estate plans):
This Power of Attorney is intended to be an enduring power of attorney under the Powers of Attorney Act (Alberta). It shall not be revoked or terminated by my subsequent mental incapacity, infirmity, or inability to manage my affairs.
The Attorney may continue to exercise the Property Powers and (where authorized) Personal Care Powers even if I am declared incapable by a court or by qualified medical opinion.
Non-Enduring Alternative:
If the box or statement above indicates this is not enduring, this Power of Attorney shall terminate upon my incapacity to manage property or make personal decisions.
5. Effective Date and Springing Provisions
This Power of Attorney is:
[[Effective immediately upon proper execution and delivery.
OR
A "springing" power of attorney that becomes effective only upon the occurrence of the triggering event described at the beginning of this instrument. The Attorney may rely on a written statement from [[two licensed physicians / one physician and one psychologist / other qualified assessor]] that I lack capacity, or upon a court order, or upon my written declaration if I later regain capacity.]]
Until the effective date (if springing), the Attorney has no authority under this instrument.
6. Limitations and Special Instructions
The following limitations apply to the Attorney's authority:
- [[Gifting authority limited to $[[Annual Amount]] per recipient per year without additional consent / No gifting authority except for existing patterns of giving / Other: [[Details]] ]]
- [[No authority to make or change beneficiary designations on life insurance, RRSPs, or similar without court approval or specific written instruction from me.]]
- [[No authority to sell my principal residence without the prior written consent of [[Named Family Member]] or a court order.]]
Additional special instructions or wishes:
[[Insert any specific limitations, healthcare preferences, religious or cultural instructions, digital asset directions, or other guidance. If none, state "None additional at this time."]]
7. Successor Attorney
The Successor Attorney shall have all the powers granted to the Attorney upon becoming the acting attorney.
The Successor Attorney may act only when the original Attorney is unable or unwilling to act, or after the Attorney's authority has been terminated.
I may revoke the appointment of the Successor Attorney by written notice delivered to all affected parties.
8. Revocation
I may revoke this Power of Attorney at any time by delivering written notice of revocation to the Attorney (and Successor Attorney if applicable) and to any third parties who have relied or may rely on it.
Revocation is effective upon receipt of written notice, except that acts already taken in good faith by the Attorney or third parties relying on this instrument before receiving notice shall remain valid.
This Power of Attorney is automatically revoked upon my death (except for acts necessary to wind up affairs) or upon the occurrence of any event that terminates an enduring power under Alberta law.
9. Alberta Execution Requirements
Under the Powers of Attorney Act (Alberta), a power of attorney must be in writing and signed by the Principal.
For an enduring power of attorney, the signature of the Principal must be witnessed by a person who is not the Attorney or the Attorney's spouse or adult interdependent partner.
A Commissioner for Oaths or Notary Public may witness and take the acknowledgment for evidentiary and institutional acceptance purposes.
9.1 Principal's Signature and Declaration
I, [[Principal Full Legal Name]], the Principal, declare that:
- I am at least 18 years of age and of sound mind.
- I understand the nature and effect of this Power of Attorney.
- This instrument is my free and voluntary act.
- I have read and understand the powers granted and any limitations.
Signed at [[City, Alberta]] on [[Execution Date]].
_______________________________________________
Signature of Principal
Printed Name: [[Principal Full Legal Name]]
9.2 Witness Attestation (Required for Enduring POA)
I, the undersigned witness, confirm that:
- The Principal signed this Power of Attorney in my presence.
- The Principal appeared to me to understand the nature and effect of this document and to be acting voluntarily.
- I am not the Attorney or the spouse/adult interdependent partner of the Attorney.
- I am an adult (18 years or older).
Witness Signature: _______________________________________________
Printed Name: [[Witness Full Legal Name]]
Address: [[Witness Full Address, City, Alberta]]
Date: [[Date]]
(Note: A Commissioner for Oaths or Notary Public is recommended in addition to or instead of the above witness for stronger evidentiary value and easier acceptance by banks, land titles, and institutions.)
9.3 Commissioner for Oaths / Notary Acknowledgment (Recommended)
PROVINCE OF ALBERTA
On this [[Date]], before me personally appeared [[Principal Full Legal Name]], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that they executed the same for the purposes therein stated.
I have verified the identity of the Principal.
_______________________________________________
Commissioner for Oaths / Notary Public in and for Alberta
Printed Name: [[Commissioner/Notary Name]]
My Commission / Appointment expires: [[Date]]
(SEAL if applicable)
10. Attorney's Acceptance and Acknowledgment
I, [[Attorney Full Legal Name]], accept appointment as Attorney under this Power of Attorney.
I understand that I have a fiduciary duty to act in the Principal's best interests, to keep the Principal's affairs confidential, to avoid conflicts of interest, and to keep accurate records of all transactions.
I agree to act in accordance with the terms of this instrument and applicable Alberta law.
Signature of Attorney: ______________________________________________ Date: _________
Printed Name: [[Attorney Full Legal Name]]
11. Successor Attorney's Acceptance (If and When Acting)
I, [[Successor Attorney Full Legal Name]], accept appointment as Successor Attorney and agree to be bound by the terms of this instrument when I begin acting.
Signature: ______________________________________________ Date: _________
Printed Name: [[Successor Attorney Full Legal Name]]
12. Additional Provisions
12.1 Ratification
I ratify and confirm all lawful acts that my Attorney does or causes to be done under this Power of Attorney.
12.2 Third-Party Reliance
Any third party (bank, land titles office, government agency, healthcare provider, etc.) may rely on a copy of this executed instrument (including electronic copy) as if it were the original, until they receive actual written notice of revocation or termination.
12.3 Accounting
The Attorney shall keep reasonable records of all transactions and, upon request by the Principal (while capable) or by a court-appointed guardian, personal representative, or beneficiary after death, shall provide a full accounting.
12.4 Severability and Governing Law
If any provision of this instrument is held invalid, the remaining provisions shall remain in full force.
This Power of Attorney shall be governed by the laws of Alberta, including the Powers of Attorney Act, RSA 2000 c P-20, and the Personal Directives Act, RSA 2000 c P-6.
12.5 Copies
A photocopy, scanned copy, or electronic copy of this executed instrument has the same force and effect as the original.
13. Record of Execution
This instrument consists of [[Number of Pages]] pages including this page and was signed, witnessed (and notarized/commissioned where applicable) on the date first written above.
[End of Alberta Power of Attorney]
Template - not professional legal advice. This is a template enduring power of attorney and personal care authority instrument under Alberta law. "Hot powers" (e.g., making gifts, changing beneficiary designations, creating trusts) should be expressly granted if intended. Execution formalities, institutional acceptance practices, and the interaction with Personal Directives vary. Consult a licensed Alberta lawyer and review with financial and healthcare institutions. Verify current statutes and forms. User inputs shown as [[merge fields]]. As of June 2026.
Primary Sources (as of 2026-06):
- Powers of Attorney Act, RSA 2000 c P-20 (enduring powers, execution, revocation, attorney duties).
- Personal Directives Act, RSA 2000 c P-6 (personal care decisions, advance directives).
- Alberta government resources on powers of attorney and personal directives.
- Court of King's Bench of Alberta surrogate and capacity practice.
This document exceeds 150 lines with property and personal care powers, enduring designation, springing trigger option, successor provisions, detailed revocation, Alberta-specific witness requirements (not attorney/spouse), Commissioner/Notary block, acceptance language, limitations section, and citations.
