What Is the Powers of Attorney Act in Alberta and What Does It Cover?

This answer covers the law of Alberta.

The Powers of Attorney Act is the Alberta law that governs enduring powers of attorney, the documents an adult uses to give another person authority to make financial decisions for them. It sets rules for how the document is signed and witnessed, what the attorney can do, and how it ends.

An enduring power of attorney covers financial decisions, not personal ones. Personal matters such as medical treatment and where the donor lives are covered by a separate document called a personal directive, where the person chosen is called an agent. Because they are separate documents, people planning ahead would normally consider both.

The Act also builds in protections for the donor. An enduring power of attorney is not ended by the donor's later incapacity. Unless the document says otherwise, the attorney has a duty to protect the donor's interests once they know or should know the donor cannot make reasonable judgments about their estate. The Court can order an attorney to pass accounts, and can terminate the power of attorney if that is in the donor's best interests. How these apply to your situation depends on the document and the facts, so a lawyer can confirm.