Enduring Power of Attorney (“EPA”) and Personal Directive (“PD”) Disputes
What is an Enduring Power of Attorney?
An Enduring Power of Attorney (“EPA”) is a legal document is a legal document that allows an adult individual, the “Donor”, to appoint a person to make financial decisions on his or her behalf to ensure that property and finances are managed in the event of incapacity. The person appointed under an EPA is called an Attorney.
Unless an EPA specifically limits an attorney’s powers, an attorney can do anything that the Donor could legally do in regards to the Donor’s financial. For example, this could include the authority to sell the Donor’s house.
An Enduring Power of Attorney does not allow an attorney to make personal decisions on behalf of a Donor. In order for a person to make personal decisions on behalf of a Donor, they must be named under a Personal Directive.
What is a Personal Directive?
A Personal Directive (“PD”) is a legal document that allows an individual to appoint one or more people to make personal decisions on his or her behalf in the event of incapacity. The person named under the PD is called an agent.
What if I have an issue with an acting Attorney or Agent?
Sometimes family members have concerns about how an attorney or agent is assisting an individual with mental incapacity and may challenge an Attorney or Agent’s decisions. Sometimes an attorney or agent may be required to defend actions taken under an Enduring Power of Attorney or Personal Directive.
What can I do if I’m unsure of my duties as an Attorney or Agent?
The Powers of Attorney Act, Alberta, provides family members with more information on the duties or an attorney or agent. If you are acting as an Attorney or Agent and are unsure of your obligations or an action has been commenced against you and you would like further information, please Brett Turnquist of our office.
What if I am concerned about how the Financial or Personal Matters of an Individual are being handled?
If you are an individual concerned with how the financial affairs and/or personal matters of an incapacitated individual are being handled and you would like further information on your options, please contact Brett Turnquist of our office.
Brett Turnquist practices exclusively in the areas of wills, estates, and incapacity matters.
Initial consultations are free of charge.