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 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.
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.
Enduring Power of Attorney of Robert Wallace (Scenario #1)
Personal Directive of Robert Wallace (Scenario #1)
Enduring Power of Attorney of Mary Wallace (Scenario #1)
Personal Directive of Mary Wallace (Scenario #1)
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.
Continuing Power of Attorney for Property of Daniel Smith (Scenario #2)
Power of Attorney for Personal Care of Daniel Smith (Scenario #2)
Begin Your Will & Powers of Attorney Today
What you've seen above are only a few of many possible Power of Attorney Plans.
Click below to see just what we can do for you!