Examples of Powers of Attorney
An Attorney is someone whom you select to control your i) property decisions and ii) personal care decisions in case you are incapacitated.
You specify this in a document called a Power of Attorney.
In contrast to a Will, which applies after death, a Power of Attorney is intended to apply during your lifetime and exists for an emergency situation that may or may not occur.
The two mentioned concerns, property decisions and personal care decisions, are governed in two documents, one for each.
In a document called in most provinces the "Enduring Power of Attorney", you nominate your "Attorney", who will take over your property decisions in case you are incapacitated.
In a document called in most provinces the "Personal Directive", you nominate your "Agent", who will take over your personal care decisions in case you are incapacitated.
These documents are parallel in form and content, and work together.
In the context of a Power of Attorney, the word "Attorney" does not literally mean "lawyer". It just means an appointed decision-maker.
We currently offer Powers of Attorneys in the following 3 provinces: Alberta, Ontario, and Saskatchewan.
In order that you may see what Powers of Attorney might look like, we present you 2 scenarios, broken down and summarised in easy-to-understand language, and with example Powers of Attorney to preview.
Scenario #1 - Married Couple
Robert and Mary Wallace are a married couple. Robert is 45 years old and Mary is 42 years old. They have two children.
As a couple, they both want Wills as well as Powers of Attorney.
They click Start for Free and select the Matching Wills for a Couple option that is available in our Will-Building Questionnaire there.
They select the further option for a Power of Attorney as well.
Robert and Mary reside in Alberta. In Alberta, the document relating to property decisions is called the "Enduring Power of Attorney", in which you nominate an "Attorney".
The document relating to personal care is called the "Personal Directive", in which you nominate an "Agent".
Robert and Mary select each other as their "Attorney" and "Agent". This is entirely common and standard among couples.
According to these documents, when one spouse among them is incapacitated, that spouse's decision-making authority regarding their property and personal care will shift to the surviving spouse.
You can see plain English summaries of these Attorney and Agent Plans in the next section.
In the section after that, you can see free partial previews of official Powers of Attorney documents for Robert and Mary Wallace. You can see the actual legal language in use.
Robert Wallace and Mary Wallace's Powers of Attorney Plans
Attorneys
Primary Intention
When and if Robert and Mary Wallace lose capacity, their Attorney (under their Enduring Power of Attorney) shall be their partner, if they are alive.
Agents
Primary Intention
When and if Robert and Mary Wallace lose capacity, their Agent (under their Personal Directive) shall be their partner, if they are alive.
Preview Enduring Power of Attorney of Robert Wallace (Scenario #1)
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THIS IS THE LAST WILL AND TESTAMENT of me, Robert Wallace.
1. REVOCATION
I hereby revoke all Wills and Codicils that I have previously made.
2. APPOINTMENT OF EXECUTOR
Any reference in my Will to "my Executor" or "my Trustees" shall be interpreted to include such changes in number and/or gender as the context requires. In addition, the term "my Trustees" shall include, where the context permits, the Executor, Executrix, Executors, Executrices, the Estate Trustee(s) and the Personal Representative(s) for the time being, whether original, additional or substitutional.
3. DISPOSITION OF MY ESTATE
I give all of my real property and all of my personal property, wherever the same may be located, including any property over which I may have a power of appointment, to my Trustees upon the following trusts.
i. Debts, Funeral Expenses and Taxes
I direct my Trustees to pay, out of the residue of my estate, my just debts, funeral and testamentary expenses, income taxes and all other levies (such as estate taxes, inheritance taxes and succession duties) payable in connection with any property passing or deemed to pass upon my death and on any gift or benefit conferred by me under this my Will as well as the expenses of administering my estate.
4. INTEREST OF MINORS
If any person should become entitled to a share of my estate before the attaining the age of majority, my Trustees shall hold such share in trust and invest it for the benefit of such person.
Except as may be otherwise provided in this my Will, I authorize my Trustees to apply such amounts from the income and capital of such share as my Trustees, in their absolute discretion, consider advisable, for the care, maintenance, education, advancement in life or other benefit of such person until he or she attains the age of majority, at which time my Trustees shall pay or transfer such share, or the part thereof remaining, to him or her.
Any net income derived from such share which is not paid to or applied for the benefit of such person in any year shall be accumulated and added to the capital of such person's share.
Any payment or transfer which, pursuant to this my Will, may be made to or on behalf of a beneficiary under the age of majority, may be effected by payment or transfer to such beneficiary or to his or her parent, to his or her guardian, or to such other person standing in loco parentis to such beneficiary.
5. SURVIVORSHIP
Where circumstances are such that I have died, a person named in or contemplated by this my Will has died, and it is unknown which of us predeceased the other, then such other person shall be deemed to have predeceased me.
If, as the result of such a deemed predecease, a double payment of a cash legacy that is mirrored in my and such person's Wills must be made, then, if I was the later born of such other person and me, such cash legacy in my Will shall not take effect and shall lapse.
6. JURIDICAL PERSONS
Where in my Will, "alive", is used in respect of a non-natural person, such as, without limitation, a corporation, trust, or charity, such language shall assume the non-biological connotation of, "remain(s) in existence, even if known by another name".
With respect to any payment or transfer which, pursuant to this my Will, may be made to a beneficiary which is a charity, such gift is general in nature and may be used for whatever purpose that such charitable beneficiary wishes.
7. MEMBERS OF A RELATIONSHIP CLASS
Unless otherwise specifically provided, any generalized reference in this my Will to a class of persons in terms of their relationship to another person (for example, by use of words such as "my/his/her/their issue" or "my/his/her/their children") shall not include a person born outside marriage, nor a person who comes within the description traced through another person who was born outside marriage, except that:
i. Any person who was born outside marriage but whose natural parents subsequently married one another shall be regarded as having been born in lawful wedlock to those parents;
ii. Any person who has been legally adopted shall be regarded as having been born in lawful wedlock to the adopting parent;
iii. Any child, conceived but unborn, whose natural parents are then married to one another shall be regarded as having been born in lawful wedlock to those parents
iv. If, in the unanimous opinion of my Trustees, an individual has demonstrated a settled intention to treat another as his or her child, the recipient of such treatment shall be deemed to be a child of such individual.
8. EXCLUSION FROM COMMUNITY OF PROPERTY
I declare that all property passing to any person, whether as a result of my death or as a result of a gift made by me during my lifetime, as well as any property into which such property can be traced, together with all income from any such property, shall not fall into the community of property that may exist between such beneficiary and his or her spouse, and shall remain the sole and separate property of such beneficiary, free from all matrimonial rights or controls by his or her spouse.
Preview Personal Directive of Robert Wallace (Scenario #1)
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THIS ENDURING POWER OF ATTORNEY is given by me, Robert Wallace, in accordance with and pursuant to the Powers of Attorney Act, R.S.A. 2000, c. P-20.
1. REVOCATION
I hereby revoke any prior Enduring Power of Attorney.
2. APPOINTMENT
I appoint my wife, Mary Wallace, as my Attorney under this my Enduring Power of Attorney.
3. POWERS
I authorize my Attorney to do, on my behalf, any and all acts that I may lawfully do by an Attorney, except make, modify, or revoke a Will.
My Attorney shall have the authority to act as my litigation guardian, if one is required to commence, continue, defend or represent me in a court proceeding regarding property.
My Attorney shall have the authority to receive all information and records regarding my property.
4. EFFECTIVE
This Enduring Power of Attorney shall not have any effect unless and until I am incapable of managing property.
The written declarations of two (2) licensed and qualified medical practitioners that I am incapable of managing property shall serve as conclusive proof that I am incapable of managing property.
My Attorney shall exercise the authority given in this Enduring Power of Attorney during and despite my incapacity to manage property.
5. PRIORITY
Where I also have a Personal Directive in effect, and the exercise of the authority under the said Personal Directive and the exercise of the authority under this Enduring Power of Attorney bring about a conflicting result, the authority under the said Personal Directive shall have priority and shall be followed to the extent of the conflict.
6. DECLARATIONS
I am at least eighteen (18) years old.
I have the capacity to make an Enduring Power of Attorney.
I have read and understand the nature and effect of this Enduring Power of Attorney.
I am making this Enduring Power of Attorney freely and voluntarily.
Each person I have appointed as Attorney is at least eighteen (18) years old.
Each person I have appointed as Attorney is eligible to be an Attorney under an Enduring Power of Attorney.
No person I have appointed as Attorney is an undischarged bankrupt or has been convicted of a crime involving dishonesty for which they have not received a pardon.
No person I have appointed as Attorney is a person whom I pay for health care or for residential, social, training or support services, unless they are relative of mine.
Preview Enduring Power of Attorney of Mary Wallace (Scenario #1)
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THIS PERSONAL DIRECTIVE is given by me, Robert Wallace, in accordance with and pursuant to the Personal Directives Act, R.S.A. 2000, c. P-6.
1. REVOCATION
I hereby revoke any prior Personal Directive.
2. APPOINTMENT
I appoint my wife, Mary Wallace, as my Agent under this my Personal Directive.
3. POWERS
I authorize my Agent to do, on my behalf, any and all acts that an Agent may lawfully do.
My Agent shall have the authority to act as my litigation guardian, if one is required to commence, continue, defend or represent me in a court proceeding regarding personal care.
My Agent shall have the authority to receive all information and records regarding my personal care.
4. EFFECTIVE
This Personal Directive shall not have any effect unless and until I am incapable of managing personal care.
The written declarations of two (2) licensed and qualified medical practitioners that I am incapable of managing personal care shall serve as conclusive proof that I am incapable of managing personal care.
My Agent shall exercise the authority given in this Personal Directive during and despite my incapacity to manage personal care.
5. DECLARATIONS
I am at least eighteen (18) years old.
I have the capacity to make a Personal Directive.
I have read and understand the nature and effect of this Personal Directive.
I am making this Personal Directive freely and voluntarily.
Each person I have appointed as Agent is at least eighteen (18) years old.
Each person I have appointed as Agent is eligible to be an Agent under a Personal Directive.
No person I have appointed as Agent is an undischarged bankrupt or has been convicted of a crime involving dishonesty for which they have not received a pardon.
No person I have appointed as Agent is a person whom I pay for health care or for residential, social, training or support services, unless they are relative of mine.
Preview Personal Directive of Mary Wallace (Scenario #1)
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THIS IS THE LAST WILL AND TESTAMENT of me, Mary Wallace.
1. REVOCATION
I hereby revoke all Wills and Codicils that I have previously made.
2. APPOINTMENT OF EXECUTOR
Any reference in my Will to "my Executor" or "my Trustees" shall be interpreted to include such changes in number and/or gender as the context requires. In addition, the term "my Trustees" shall include, where the context permits, the Executor, Executrix, Executors, Executrices, the Estate Trustee(s) and the Personal Representative(s) for the time being, whether original, additional or substitutional.
3. DISPOSITION OF MY ESTATE
I give all of my real property and all of my personal property, wherever the same may be located, including any property over which I may have a power of appointment, to my Trustees upon the following trusts.
i. Debts, Funeral Expenses and Taxes
I direct my Trustees to pay, out of the residue of my estate, my just debts, funeral and testamentary expenses, income taxes and all other levies (such as estate taxes, inheritance taxes and succession duties) payable in connection with any property passing or deemed to pass upon my death and on any gift or benefit conferred by me under this my Will as well as the expenses of administering my estate.
4. INTEREST OF MINORS
If any person should become entitled to a share of my estate before the attaining the age of majority, my Trustees shall hold such share in trust and invest it for the benefit of such person.
Except as may be otherwise provided in this my Will, I authorize my Trustees to apply such amounts from the income and capital of such share as my Trustees, in their absolute discretion, consider advisable, for the care, maintenance, education, advancement in life or other benefit of such person until he or she attains the age of majority, at which time my Trustees shall pay or transfer such share, or the part thereof remaining, to him or her.
Any net income derived from such share which is not paid to or applied for the benefit of such person in any year shall be accumulated and added to the capital of such person's share.
Any payment or transfer which, pursuant to this my Will, may be made to or on behalf of a beneficiary under the age of majority, may be effected by payment or transfer to such beneficiary or to his or her parent, to his or her guardian, or to such other person standing in loco parentis to such beneficiary.
5. SURVIVORSHIP
Where circumstances are such that I have died, a person named in or contemplated by this my Will has died, and it is unknown which of us predeceased the other, then such other person shall be deemed to have predeceased me.
If, as the result of such a deemed predecease, a double payment of a cash legacy that is mirrored in my and such person's Wills must be made, then, if I was the later born of such other person and me, such cash legacy in my Will shall not take effect and shall lapse.
6. JURIDICAL PERSONS
Where in my Will, "alive", is used in respect of a non-natural person, such as, without limitation, a corporation, trust, or charity, such language shall assume the non-biological connotation of, "remain(s) in existence, even if known by another name".
With respect to any payment or transfer which, pursuant to this my Will, may be made to a beneficiary which is a charity, such gift is general in nature and may be used for whatever purpose that such charitable beneficiary wishes.
7. MEMBERS OF A RELATIONSHIP CLASS
Unless otherwise specifically provided, any generalized reference in this my Will to a class of persons in terms of their relationship to another person (for example, by use of words such as "my/his/her/their issue" or "my/his/her/their children") shall not include a person born outside marriage, nor a person who comes within the description traced through another person who was born outside marriage, except that:
i. Any person who was born outside marriage but whose natural parents subsequently married one another shall be regarded as having been born in lawful wedlock to those parents;
ii. Any person who has been legally adopted shall be regarded as having been born in lawful wedlock to the adopting parent;
iii. Any child, conceived but unborn, whose natural parents are then married to one another shall be regarded as having been born in lawful wedlock to those parents
iv. If, in the unanimous opinion of my Trustees, an individual has demonstrated a settled intention to treat another as his or her child, the recipient of such treatment shall be deemed to be a child of such individual.
8. EXCLUSION FROM COMMUNITY OF PROPERTY
I declare that all property passing to any person, whether as a result of my death or as a result of a gift made by me during my lifetime, as well as any property into which such property can be traced, together with all income from any such property, shall not fall into the community of property that may exist between such beneficiary and his or her spouse, and shall remain the sole and separate property of such beneficiary, free from all matrimonial rights or controls by his or her spouse.
Scenario #2 - Retired Senior
Daniel Smith is 67 years old. He is retired after a long and successful career.
He is divorced and has two adult children: a son, Liam, and a daughter, Alexandra.
He clicks Start for Free and selects the One Will for an Individual option that is available in our Will-Building Questionnaire there.
With it, he drafts a complex Will that leaves his many assets among his two children, his brother, and a charity.
While doing all that, he also selects the further option for a Power of Attorney.
Daniel resides in Ontario. In Ontario, the document relating to property decisions is called the "Continuing Power of Attorney for Property", in which you nominate an "Attorney for Property".
The document relating to personal care is called the "Power of Attorney for Personal Care", in which you nominate an "Attorney for Personal Care".
Daniel selects his daughter, Alexandra, as his "Attorney for Property" and "Attorney for Personal Care", effective upon his incapacity.
He feels that she is the right person for this based on their relationship and her character.
He does not appoint both of his children as joint attorneys, as this would result in disputes and deadlocks. His son, Liam, is fine with this decision and trusts his sister for the role.
Daniel Smith's Powers of Attorney Plans
Attorneys for Property
Primary Intention
When and if Daniel Smith loses capacity, Daniel Smith's Attorney for Property (under Daniel Smith's Continuing Power of Attorney for Property) shall be Daniel Smith's daughter, Alexandra Smith, if she is alive.
Attorneys for Personal Care
Primary Intention
When and if Daniel Smith loses capacity, Daniel Smith's Attorney for Personal Care (under Daniel Smith's Power of Attorney for Personal Care) shall be Daniel Smith's daughter, Alexandra Smith, if she is alive.
Preview Continuing Power of Attorney for Property of Daniel Smith (Scenario #2)
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THIS ENDURING POWER OF ATTORNEY is given by me, Mary Wallace, in accordance with and pursuant to the Powers of Attorney Act, R.S.A. 2000, c. P-20.
1. REVOCATION
I hereby revoke any prior Enduring Power of Attorney.
2. APPOINTMENT
I appoint my husband, Robert Wallace, as my Attorney under this my Enduring Power of Attorney.
3. POWERS
I authorize my Attorney to do, on my behalf, any and all acts that I may lawfully do by an Attorney, except make, modify, or revoke a Will.
My Attorney shall have the authority to act as my litigation guardian, if one is required to commence, continue, defend or represent me in a court proceeding regarding property.
My Attorney shall have the authority to receive all information and records regarding my property.
4. EFFECTIVE
This Enduring Power of Attorney shall not have any effect unless and until I am incapable of managing property.
The written declarations of two (2) licensed and qualified medical practitioners that I am incapable of managing property shall serve as conclusive proof that I am incapable of managing property.
My Attorney shall exercise the authority given in this Enduring Power of Attorney during and despite my incapacity to manage property.
5. PRIORITY
Where I also have a Personal Directive in effect, and the exercise of the authority under the said Personal Directive and the exercise of the authority under this Enduring Power of Attorney bring about a conflicting result, the authority under the said Personal Directive shall have priority and shall be followed to the extent of the conflict.
6. DECLARATIONS
I am at least eighteen (18) years old.
I have the capacity to make an Enduring Power of Attorney.
I have read and understand the nature and effect of this Enduring Power of Attorney.
I am making this Enduring Power of Attorney freely and voluntarily.
Each person I have appointed as Attorney is at least eighteen (18) years old.
Each person I have appointed as Attorney is eligible to be an Attorney under an Enduring Power of Attorney.
No person I have appointed as Attorney is an undischarged bankrupt or has been convicted of a crime involving dishonesty for which they have not received a pardon.
No person I have appointed as Attorney is a person whom I pay for health care or for residential, social, training or support services, unless they are relative of mine.
Preview Power of Attorney for Personal Care of Daniel Smith (Scenario #2)
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THIS PERSONAL DIRECTIVE is given by me, Mary Wallace, in accordance with and pursuant to the Personal Directives Act, R.S.A. 2000, c. P-6.
1. REVOCATION
I hereby revoke any prior Personal Directive.
2. APPOINTMENT
I appoint my husband, Robert Wallace, as my Agent under this my Personal Directive.
3. POWERS
I authorize my Agent to do, on my behalf, any and all acts that an Agent may lawfully do.
My Agent shall have the authority to act as my litigation guardian, if one is required to commence, continue, defend or represent me in a court proceeding regarding personal care.
My Agent shall have the authority to receive all information and records regarding my personal care.
4. EFFECTIVE
This Personal Directive shall not have any effect unless and until I am incapable of managing personal care.
The written declarations of two (2) licensed and qualified medical practitioners that I am incapable of managing personal care shall serve as conclusive proof that I am incapable of managing personal care.
My Agent shall exercise the authority given in this Personal Directive during and despite my incapacity to manage personal care.
5. DECLARATIONS
I am at least eighteen (18) years old.
I have the capacity to make a Personal Directive.
I have read and understand the nature and effect of this Personal Directive.
I am making this Personal Directive freely and voluntarily.
Each person I have appointed as Agent is at least eighteen (18) years old.
Each person I have appointed as Agent is eligible to be an Agent under a Personal Directive.
No person I have appointed as Agent is an undischarged bankrupt or has been convicted of a crime involving dishonesty for which they have not received a pardon.
No person I have appointed as Agent is a person whom I pay for health care or for residential, social, training or support services, unless they are relative of mine.