Power of Attorneys

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Safeguard Your Interests

Creating a Power of Attorney is essential to ensure that your interests are protected in case you are unable to make decisions for yourself. Nigro Manucci specializes in creating Power of Attorney documents, ensuring they are legally sound and tailored to your specific needs. Our experienced team provides you with the peace of mind that your affairs will be handled according to your wishes.

Comprehensive Power of Attorney Services

Our team at Nigro Manucci provides comprehensive power of attorney services, including drafting and reviewing these critical documents. We work with you to ensure that your Power of Attorney reflects your unique needs and provides clear instructions for your designated representative.

What Is An Enduring Power Of Attorney?

A Power of Attorney is a document which allows a person to appoint another person, (referred to as an “Attorney”) to handle financial matters.  The person making the Power of Attorney is referred to as a “Donor”.  Until June 1991, a Power of Attorney was only valid as long as the Donor was mentally competent.  In June 1991, the provincial government legislated a new type of Power of Attorney which provided for the powers of the Attorney to endure past the time the Donor became incompetent.  The “Enduring” Power of Attorney allows the Donor to plan for his or her own incapacity.

Who Can Make An Enduring Power Of Attorney?

If you are mentally competent and at least eighteen years of age you can make an Enduring Power of Attorney.

Why Should I Have An Enduring Power Of Attorney?

An Enduring Power of Attorney can provide you with a relatively simple and straightforward means of planning for your own incapacity.  It allows you the ability to personally select a trustworthy individual or individuals (your “Attorney”) to manage your financial affairs and protect your interests should you become mentally incapacitated.  In the absence of an Enduring Power of Attorney the procedures necessary to deal with your property can become unnecessarily complex and expensive.  Without an Enduring Power of Attorney, often the only option available to the family and friends of a person who has lost his or her capacity is to make an application under the Adult Guardianship and Trusteeship Act.  This application requests an Order from the Court that, among other things, authorizes the person making the application to handle the financial (and in some cases the personal) affairs of the mentally incompetent individual.  This process is costly and can take several months.

When Does My Enduring Power Of Attorney Come Into Effect?

You specify in your Enduring Power of Attorney when it will come into effect.  Your Enduring Power of Attorney can come into effect immediately, or you can choose to have a “Springing” Enduring Power of Attorney.   

A Springing Enduring Power of Attorney will come into effect only when you are infirm, physically incapable of handling, or mentally incapable of making reasonable judgments in respect to your financial affairs.  The written declaration of two physicians would be required to bring the Springing Enduring Power of Attorney into effect.

What Powers Will My Attorney Have?

Unless you state otherwise in the Enduring Power of Attorney, your Attorney will have very wide powers to deal with all matters pertaining to your assets.

Can I Cancel My Enduring Power Of Attorney?

You may cancel your Enduring Power of Attorney at any time as long as you have the mental capacity to understand what you are doing.  A Power of Attorney also comes to an end when either the Donor or the Attorney dies.

Why Choose Nigro Manucci for Power of Attorneys?

Since 1972, Nigro Manucci has been a trusted name in Wills and Estates law. Our commitment to quality work, integrity, and respect makes us a trusted choice for Power of Attorney services. Our experienced team is dedicated to providing personalized and professional service tailored to meet your unique needs.

Contact Nigro Manucci today to learn more about our Power of Attorney services.

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Nigro Manucci’s Top Resources for Further Reading:

Government of Alberta – Enduring Power of Attorney

Canada.ca – Powers of attorney (for financial matters and property)

Wikipedia – Power of attorney

Frequently Asked Questions

What is a Power of Attorney?

A Power of Attorney is a legal document that authorizes someone you trust, known as your attorney, to manage your financial and legal affairs on your behalf. Depending on how the document is drafted, your attorney may be able to pay bills, manage bank accounts, buy or sell property, oversee investments, sign legal documents, and handle other financial matters. In Alberta, many people choose an Enduring Power of Attorney, which continues to remain effective if they later lose mental capacity. Creating this document ensures someone you trust can manage your affairs if you become unable to do so yourself. An estate planning lawyer can prepare a Power of Attorney that reflects your specific needs and complies with Alberta law.

Although they are often prepared together, a Power of Attorney and a Personal Directive serve different purposes. A Power of Attorney authorizes someone to manage your financial and legal affairs, such as paying bills, managing investments, handling banking transactions, or dealing with real estate matters. A Personal Directive, on the other hand, appoints someone to make personal and healthcare decisions if you become incapable of making those decisions yourself. It covers matters such as medical treatment, living arrangements, and personal care rather than financial issues. Together, these documents form an important part of a comprehensive estate plan by protecting both your financial interests and your personal well-being.
You should create a Power of Attorney while you are mentally capable of understanding the document and making informed decisions about your future. Many people prepare one when purchasing property, starting a business, planning for retirement, travelling for extended periods, or creating an overall estate plan. Unexpected illness, injury, or incapacity can occur at any age, making it beneficial to have a Power of Attorney in place before it becomes necessary. Waiting until a medical emergency arises may leave you unable to legally appoint someone to manage your affairs. An estate planning lawyer can prepare a document that reflects your wishes and provides protection for the future.
Your attorney should be someone you trust completely to manage your financial and legal affairs responsibly and in your best interests. This person should be organized, financially responsible, dependable, and capable of making sound decisions if you become unable to act for yourself. Many people appoint a spouse, adult child, close family member, trusted friend, or, in some circumstances, a professional advisor. It is also important to choose someone who understands your wishes and is willing to accept the responsibilities involved. Before making your appointment, consider discussing the role with your chosen attorney. A lawyer can explain the legal duties involved and help you make an informed decision.
The authority granted to your attorney depends on the terms set out in your Power of Attorney. You may authorize your attorney to manage bank accounts, pay bills, collect income, oversee investments, file tax returns, buy or sell property, operate a business, sign contracts, and handle many other financial or legal matters on your behalf. You can grant broad authority or restrict the powers to specific transactions or responsibilities, depending on your needs. Your attorney is legally required to act honestly and in your best interests while carrying out these duties. An estate planning lawyer can help you determine the appropriate scope of authority based on your individual circumstances.
Yes. A Power of Attorney can be customized to grant only the authority you are comfortable providing. Rather than giving broad powers, you may limit your attorney’s authority to specific financial matters, property transactions, banking activities, or defined periods of time. You may also include conditions that determine when the authority begins or ends. Carefully limiting authority can provide additional peace of mind while ensuring your financial affairs continue to be managed effectively if needed. A lawyer can explain the available options, draft clear limitations, and ensure your instructions are legally enforceable and tailored to your personal and financial circumstances.
Yes. As long as you remain mentally capable, you may revoke or update your Power of Attorney at any time. You may wish to make changes if your personal relationships change, your appointed attorney is no longer able or willing to act, or your financial circumstances become more complex. It is also advisable to review the document periodically to ensure it continues to reflect your wishes and current legal needs. If changes are required, an estate planning lawyer can prepare updated documents, ensure previous versions are properly revoked where appropriate, and confirm the revised Power of Attorney complies with Alberta law and accurately reflects your intentions.
If you become incapable of managing your financial affairs without a valid Power of Attorney in place, your family may not automatically have the legal authority to act on your behalf. They may need to apply through formal legal processes or seek a court appointment before they can manage your finances, pay bills, access bank accounts, or deal with your property. This process can be time-consuming, costly, and stressful during an already difficult situation. Preparing a Power of Attorney in advance allows you to choose someone you trust, provides clear legal authority, and helps ensure your financial affairs continue to be managed without unnecessary delays or complications.
The effective date of a Power of Attorney depends on how the document is drafted. Some Powers of Attorney become effective immediately after they are signed, allowing your attorney to act right away if needed. Others are known as “springing” Powers of Attorney and only become effective after a specified event occurs, such as a determination that you have lost the mental capacity to manage your financial affairs. Choosing the most appropriate option depends on your personal circumstances and preferences. An estate planning lawyer can explain the advantages of each approach and prepare a document that reflects your intentions while complying with Alberta law.
A Power of Attorney is an important legal document that should accurately reflect your wishes and comply with Alberta’s legal requirements. A lawyer provides personalized advice based on your financial situation, family relationships, business interests, and future planning goals rather than relying on generic forms that may not address your specific needs. They help you determine the appropriate scope of authority, explain your attorney’s legal responsibilities, draft clear and enforceable provisions, and identify potential issues before they arise. Professional legal guidance helps reduce the risk of misunderstandings, misuse of authority, or future disputes while ensuring your financial affairs can be managed effectively if you become unable to act for yourself.

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