Protect your financial future with a Power of Attorney. Bosecke LLP’s estate planning lawyers in Edmonton help you draft documents to safeguard your assets.
Life is unpredictable, and while we all hope to maintain our health and independence throughout our lives, sudden illness, injury, or age-related cognitive decline can happen to anyone. If you were to suddenly lose the capacity to manage your financial affairs, who would pay your bills, manage your investments, or handle your property?
At Bosecke LLP, our experienced estate planning lawyers in Edmonton help you answer that question with confidence. By drafting an Enduring Power of Attorney (EPA), we ensure your hard-earned assets remain protected and managed by someone you trust.
A Power of Attorney is a legally binding document that grants another person the authority to make financial and legal decisions on your behalf. In Alberta, an Enduring Power of Attorney is specifically designed to remain valid or to come into effect if you become mentally incapacitated.
Without an EPA in place, your family does not automatically have the right to access your bank accounts, sell your property, or manage your business. Instead, they would be forced to undergo a lengthy, stressful, and expensive court process to apply for Trusteeship. By creating an EPA, you spare your loved ones this burden and maintain control over who handles your life’s work.
When customizing your EPA at Bosecke LLP, you have choices regarding when the document takes effect:
Immediate
Takes effect the moment it is signed and witnessed. This is often used by individuals who want immediate financial assistance due to physical limitations or frequent travel. If you become incapacitated later, the document endures.
Springing
Takes effect only if and when you are declared mentally incapable of managing your affairs (typically requiring a written declaration by one or two physicians). This ensures you retain full, exclusive control over your finances for as long as you are able.
Your designated Attorney will have significant power over your assets. They can file your taxes, deal with your creditors, manage real estate, and handle your daily banking. Your attorney should be highly trustworthy, financially responsible, and ideally located close by.
We generally recommend naming an alternate attorney as well, just in case your first choice is unable or unwilling to act when the time comes.
Our legal team goes beyond guiding you on the documentation. We take the time to understand your unique financial landscape, your family dynamics, and your specific wishes. We ensure your Enduring Power of Attorney is drafted clearly, strictly adheres to Alberta’s legal requirements, and provides comprehensive protection for you and your family.
Our clients choose Bosecke LLP for POAs because:
Schedule your free POA consultation with an experienced lawyer today.
About Powers of Attorney Documents
A Will dictates how your assets are distributed after you pass away. A Power of Attorney is used exclusively while you are still alive, managing your finances if you are incapacitated. A Power of Attorney instantly becomes void upon your death, at which point your Will takes over.
No. In Alberta, a Power of Attorney only covers financial and legal matters. To appoint someone to make medical and personal care decisions on your behalf, you need a separate document called a Personal Directive.
Yes. As long as you still have mental capacity, you can revoke or update your Power of Attorney at any time. We recommend reviewing your estate planning documents every three to five years, or after major life events like marriage, divorce, or the death of a loved one.
Your Attorney has a strict legal obligation (a fiduciary duty) to act solely in your best interest. If they mismanage funds or act improperly, they can be held legally and financially accountable. This is why selecting a trustworthy individual is paramount.