FREQUENTLY ASKED QUESTIONS
How do I cancel an Enduring Power of Attorney?
You can cancel an EPA at any time, as long as you are mentally capable of doing so, but it must be done in writing and witnessed like the original EPA signing. You must also let the person or institution appointed as your Attorney know that you cancelled it. You are always free to cancel one EPA, and then appoint a new Attorney in another EPA.
What if the person I choose as my Attorney is unable to act when needed?
It is for this very reason that we recommend you appoint at least one and preferably two alternate Attorneys within your EPA. That way you won’t have to make any changes if one or more of your appointed Attorneys is unable or unwilling to fulfill these duties, for whatever reason.
Do I need witnesses when making an Enduring Power of Attorney?
Yes, you need to date and sign your EPA in the presence of one witness. This witness must be someone other than your spouse or appointed Attorney (or his or her spouse), who must sign the EPA in your presence. As in the case of Wills, if your witness does not deem you to be mentally capable of creating an EPA, he or she should refuse to sign the document.
Can I appoint an Attorney who doesn’t live in Alberta?
Yes. You can appoint someone who lives outside of Alberta, but remember that this makes it more difficult for your Attorney to handle your affairs. It is doubly important to talk to your proposed Attorney in this case, to ensure that he or she is prepared to make the necessary arrangements to handle your affairs without residing in Alberta.
Can I restrict what my Attorney can do with my property?
Yes. In a typical EPA, your Attorney has the same power over your property and financial affairs that you currently have, and may do anything with that power that you currently can do. You may however, choose to include provisions in your EPA that restrict the scope of your Attorney’s powers. For example, you may state in your EPA that your Attorney may use your money for some purposes, but not for others.
What if my Attorney dies before me?
If you’ve named one or more alternate Attorneys, then that person will simply assume the duties under your EPA. However, if you haven’t named an alternate Attorney, and the one person you did name dies before you, then that EPA is no longer valid, and you will need to create a new one.
Please feel free to contact us if you have any questions that aren’t answered on our site, or to schedule an appointment. We’re always happy to chat with you about any of your legal needs.
- Phone: (587) 272-2050
- E-mail: firstname.lastname@example.org