INSTRUCTIONS FOR ENDURING POWER OF ATTORNEY
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An Enduring Power of Attorney (EPA) will give your Attorney the right to make decisions on your behalf respecting your property and financial affairs. This could include your lands, houses, bank accounts, pensions, R.R.S.P.’s, stock and mutual fund investments, vehicles, and anything else you own. Your Attorney should be someone you know and trust completely; someone who is very capable of handling financial matters. Your Attorney must be an adult at the time that you execute the EPA. This EPA may take effect as soon as it is signed and witnessed or it can have no effect until the occurrence of a specified event (for example: 2 doctor’s reports indicating that you are not mentally capable of making reasonable judgments in respect of matters relating to all or any part of your estate). If you have named someone as the sole beneficiary of your Estate in your Will, it may be preferable to name him/her as the primary Attorney. You should also name alternates, in the event your first choice is unwilling or unable to act. For tax reasons, it is not advisable to choose an Attorney who resides outside of Canada. If you have more than one Attorney, it would be preferable if at least on of them is a resident of Alberta.
Enduring Power Of Attorney Questionnaire
1. Name an attorney (This is the person or persons that will make financial decisions for you)
Full Name: _____________________________________________________________
Relationship: ________________________________________ Age: _______________
Address: _______________________________________________________________
Phone/fax/email: _________________________________________________________
2. If you want more than one attorney to act together (joint attorneys), name the other attorney or attorneys here:
Full Name: _____________________________________________________________
Relationship: ________________________________________ Age: _______________
Address: _______________________________________________________________
Phone/fax/email: _________________________________________________________
Full Name: _____________________________________________________________
Relationship: ________________________________________ Age: _______________
Address: _______________________________________________________________
Phone/fax/email: _________________________________________________________
3. If you are naming more than two attorneys, do they make decisions on a majority basis or do they all have to agree?
On a majority basis
They all have to agree
4. If you are not naming joint attorneys and your first-named attorney can not or will not act, name your second choice here:
Full Name: _____________________________________________________________
Relationship: ________________________________________ Age: _______________
Address: _______________________________________________________________
Phone/fax/email: _________________________________________________________
5. If your second-named attorney can not or will not act, name your third choice here:
Full Name: _____________________________________________________________
Relationship: ________________________________________ Age: _______________
Address: _______________________________________________________________
Phone/fax/email: _________________________________________________________
6. Indicate whether you want this power of attorney to come into effect immediately upon your signing it, or whether it should spring into effect if and when you lose your capacity to make reasonable judgments relating to all or any part of your estate:
Immediately upon signing (“Immediate Enduring Power of Attorney)
Spring into effect at the time you lose capacity to make decisions for yourself (“Springing Enduring Power of Attorney”)
7. If this is a springing power of attorney, indicate who should decide whether or not you still have capacity to make reasonable judgments relating to all or some part of your estate:
One doctor
Two doctors:
___________________________________Together with:
One doctor or
Two doctors
Other:
Full Name: ___________________________________________________
Relationship: ______________________________ Age: _______________
Address: _____________________________________________________
Phone/fax/email: _______________________________________________
8. If you want to expand the powers of your attorney beyond what is automatically conferred by law, indicate which of the following you would like your attorney to be able to do with your assets:
Give gifts to family members on special occasions, including gifts of cash
Give to charities
Assist my children with post-secondary education expenses even if my children are over the age of 18
Other:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
9. Name any particular thing you do not wish your attorney to do (such as sell certain real property that you own):
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
10. Indicate below how you would like your attorney to be compensated for his or her time and effort on your behalf:
No fees should be paid; my attorney should only be reimbursed for out-of-pocket expenses
Fees should be paid in the amount of $ _______________ per month (in addition to reimbursement of out-of-pocket expenses)
If my attorney is a trust company, compensation should be paid in accordance with the schedule of compensation that is in existence when the power of attorney comes into effect.