What documents cover decision-making in Alberta?

An Enduring Power of Attorney covers finances and property; a Personal Directive covers health and personal care. Alberta uses two separate documents.

Why is enduring important in an Alberta power of attorney?

An enduring power of attorney continues after you lose capacity. A non-enduring one ends at incapacity, so it only helps in temporary situations while you still have capacity.

Who can be a witness to an Alberta Enduring Power of Attorney?

One witness who is not your attorney or the attorney's spouse. The witnessing rules for a Personal Directive are set out separately in the Personal Directives Act.

What happens without a Personal Directive in Alberta?

A family member may need a court guardianship order to make health and personal decisions for you, which is slower and more expensive than signing a Personal Directive in advance.

Power of Attorney in Alberta: Enduring POA and Directive

Alberta splits financial and personal decision-making into two documents: an Enduring Power of Attorney for finances under the Powers of Attorney Act, and a Personal Directive for health and personal matters under the Personal Directives Act. This is general information, not legal advice — consult a lawyer in your province.

What is an Enduring Power of Attorney in Alberta?

An Enduring Power of Attorney lets you appoint an attorney to manage your finances and property. 'Enduring' means the authority survives (or begins on) your loss of mental capacity, which is what most people want.

An ordinary, non-enduring power of attorney in Alberta ends if you become incapable, so it is only useful for temporary, capacity-intact situations such as being out of the country.

What is a Personal Directive in Alberta?

Alberta does not use a 'power of attorney for personal care.' Instead, you make a Personal Directive to appoint an agent to make personal and health-care decisions — medical treatment, where you live, and similar matters — if you become incapable.

A Personal Directive can also set out your wishes and instructions directly, guiding both your agent and health-care providers about the care you would and would not want.

How do you sign these Alberta documents?

An Enduring Power of Attorney must be signed by you and witnessed by one witness who is not your attorney or the attorney's spouse. A Personal Directive must also be signed and witnessed under the Personal Directives Act.

You can make the Enduring Power of Attorney effective immediately or 'springing' — taking effect only when a stated event, usually incapacity, occurs and is confirmed.

What happens without these documents in Alberta?

If you lose capacity with no Enduring Power of Attorney, a family member may have to apply for a trusteeship order to manage your finances, and the Office of the Public Guardian and Trustee may become involved.

Without a Personal Directive, a family member may need a guardianship order to make personal and health decisions. Both court processes are slower and costlier than signing the documents in advance.

Can you make Alberta powers of attorney online?

Yes. An Enduring Power of Attorney and a Personal Directive made with a reputable online service are valid in Alberta provided they are signed and witnessed correctly under the relevant Acts.

iFinallyWill produces Alberta-specific Enduring Powers of Attorney and Personal Directives alongside your will, with the correct signing instructions, lifetime updates, and a money-back guarantee.

Frequently asked questions

What documents cover decision-making in Alberta?: An Enduring Power of Attorney covers finances and property; a Personal Directive covers health and personal care. Alberta uses two separate documents.
Why is enduring important in an Alberta power of attorney?: An enduring power of attorney continues after you lose capacity. A non-enduring one ends at incapacity, so it only helps in temporary situations while you still have capacity.
Who can be a witness to an Alberta Enduring Power of Attorney?: One witness who is not your attorney or the attorney's spouse. The witnessing rules for a Personal Directive are set out separately in the Personal Directives Act.
What happens without a Personal Directive in Alberta?: A family member may need a court guardianship order to make health and personal decisions for you, which is slower and more expensive than signing a Personal Directive in advance.