Wills

A Will is a legal document that outlines how a person's assets and estate will be distributed after their death. It allows individuals to designate beneficiaries, appoint an executor to manage the estate, and provide instructions for the care of minor children or dependents. To be valid, a Will in Alberta must be in writing, signed by the testator (the person making the Will) in the presence of two witnesses who also sign the document. A Will can be updated or revoked at any time while the testator is alive. Having a valid Will ensures that the testator's wishes are followed and can help avoid legal complications and disputes among surviving family members.

Enduring Power of Attorney

An Enduring Power of Attorney (EPA) in Alberta is a legal document that allows an individual (the "donor") to appoint someone else (the "attorney") to make financial and legal decisions on their behalf. The key feature of an EPA is that it remains in effect even if the donor becomes mentally incapacitated and is unable to make decisions on their own. The document can either take effect immediately upon signing or only if the donor loses capacity. An EPA is crucial for ensuring that a trusted person can manage the donor's financial affairs and protect their interests if they are no longer able to do so themselves, thereby avoiding the need for court-appointed guardianship.

Special Power of Attorney

A Special Power of Attorney in Alberta is a legal document that grants a specific person (the "attorney") the authority to act on behalf of another person (the "donor") for a particular purpose or limited time frame. Unlike a general power of attorney, which covers broad financial and legal responsibilities, a special power of attorney is restricted to specific tasks or transactions, such as selling a property, managing a bank account, or handling a business matter while the donor is temporarily unavailable or incapacitated. This type of power of attorney does not typically continue if the donor becomes mentally incapacitated unless explicitly stated, making it a flexible tool for managing specific affairs without granting broad authority.

Personal Directive

A Personal Directive in Alberta is a legal document that allows an individual (the "maker") to appoint someone (the "agent") to make personal and health care decisions on their behalf if they become incapable of making those decisions themselves. This document covers non-financial matters, such as medical treatments, living arrangements, and personal care preferences. The personal directive only comes into effect when the maker is assessed as being unable to make their own decisions due to illness, injury, or incapacity. It ensures that the maker's wishes are respected and provides guidance to the agent, healthcare providers, and family members during critical times when the maker is unable to communicate their preferences.