Enduring Power of Attorney in Alberta: Explained

Life is unpredictable. Illness, injury, or age-related conditions can affect your ability to make financial decisions when you least expect it. In Alberta, an Enduring Power of Attorney is a legal tool that allows someone you trust to step in and manage your affairs if you become incapable.
At Libra Law, our Wills & Estates team helps Albertans understand how Enduring Powers of Attorney work, why they are important, and how to set them up correctly. This guide explains the essentials in plain language, so you know your options and next steps.

What Is an Enduring Power of Attorney?

A Power of Attorney is a document that gives someone else authority to handle your financial and legal affairs. An Enduring Power of Attorney goes a step further: it continues to be valid even if you lose mental capacity.

In Alberta, an Enduring Power of Attorney can cover:

• Banking, bill payments, and taxes
  
• Managing investments and property
  
• Entering contracts on your behalf
  
• Running a business you own
  

It does not give authority over personal care or health decisions. Those fall under a separate document called a Personal Directive.

Why Do You Need One?

Without an Enduring Power of Attorney, if you lose capacity, your loved ones may need to apply to court for a trusteeship order — a stressful, time-consuming, and expensive process.

An Enduring Power of Attorney helps you:

• Stay in control by choosing who will manage your affairs.
  
• Avoid delays that could affect your bills, property, or business.
  
• Reduce family conflict by making your wishes clear in advance.
  
• Protect your business interests — especially important for small business owners. Learn more about Business Law services.
  

When Does It Take Effect?

An Enduring Power of Attorney can be:

1. Immediate – takes effect as soon as it’s signed.
   
2. Springing – only comes into effect if you lose capacity, as confirmed by medical evidence.
   

The choice depends on your circumstances. Many Albertans prefer a springing Enduring Power of Attorney for peace of mind, while others with complex business or financial situations may opt for an immediate Enduring Power of Attorney.

Who Should You Appoint?

Your attorney (the person you appoint) should be someone you trust completely. Consider:

• Trustworthiness – They will have access to your finances and property.
  
• Financial skill – They should be comfortable managing money and records.
  
• Availability – They must be able to act when needed, sometimes on short notice.
  
• Impartiality – They should make decisions in your best interest, not their own.
  

Some people appoint a professional, such as a lawyer or trust company, instead of or alongside a family member.

Legal Requirements in Alberta

For an Enduring Power of Attorney to be valid under Alberta’s Powers of Attorney Act, it must:

• Be in writing.
  
• Be signed by you (the donor) when you are mentally capable.
  
• Be witnessed by someone who is not your attorney, spouse, or minor child.
  

Because an Enduring Power of Attorney can be challenged if they are unclear or improperly executed, working with a lawyer is highly recommended. Explore our Wills & Estates services to ensure your Enduring Power of Attorney meets legal standards.

Common Issues with Enduring Powers of Attorney

Even when an Enduring Power of Attorney exists, problems can arise:

• Ambiguity – vague wording can lead to disputes.
  
• Misuse of power – an attorney may not always act in the donor’s best interests.
  
• Business oversight – forgetting to include specific authority to manage a company can disrupt operations.
  

Related reading: Why Your Business Needs a Shareholders’ Agreement.

Enduring Power of Attorney vs. Other Legal Tools

It’s important to understand how an Enduring Power of Attorney fits into your broader legal and estate planning:

• Personal Directive – covers health care and personal decisions if you lose capacity.
  
• Will – distributes your estate after death.
  
• Corporate Records – ensure business continuity and compliance. Learn more about the importance of corporate records in Alberta.
  
• Notarial Services – useful for certifying official documents like Enduring Powers of Attorney or Wills. See our Notarial Services.
  

Together, these documents create a complete plan for both incapacity and end-of-life.

When to Seek Professional Advice

Not everyone needs the same Enduring Power of Attorney. For example:

• Business owners may need tailored clauses for corporate operations.
  
• Immigrants and families with assets abroad may need cross-border provisions. Learn more from our Immigration Law services.
  
• Employers and employees may want Enduring Powers of Attorney aligned with employment or compensation issues. See Employment Law services.
  

At Libra Law, our lawyers in Calgary provide personalized advice that considers your assets, family structure, and long-term goals.

Related Articles

• Buying a Business That Employs Foreign Workers
• Executor Compensation in Alberta: Understanding Fees and Expenses
• Do I Need a Lawyer to Incorporate?
• More insights in our Articles section.
  

Final Thoughts

An Enduring Power of Attorney is more than a form — it’s a safeguard for your financial future. By putting one in place, you protect your loved ones from uncertainty, avoid costly court applications, and ensure your affairs are managed according to your wishes.

At Libra Law, we help Albertans prepare Enduring Powers of Attorney as part of a complete estate and incapacity plan. Our Wills & Estates team can draft your Enduring Power of Attorney clearly and securely, giving you peace of mind. Ready to take the next step? Book a consultation with Libra Law today.

NOT LEGAL ADVICE: This article is for general informational purposes only and does not constitute legal advice. To obtain advice specific to your situation, please consult a lawyer or qualified professional.