- A Power of Attorney is governed by the law of the jurisdiction where the actions of the Attorney will be performed. Normally, this is the place in which the property of the donor is located. Therefore, it is not a good idea to appoint an Attorney who resides in a different jurisdiction, unless the property or assets you want the Attorney to deal with are also in the different jurisdiction.
- If you anticipate that your Attorney will be acting in more than one jurisdiction, you should probably make separate powers of Attorney for each jurisdiction.
Examples:

• If your bank accounts and other property are located in the jurisdiction where you live, you will want to choose that jurisdiction for the governing law, and appoint an Attorney who lives in the same jurisdiction.
• If you live in one jurisdiction but have a bank account or other property someplace else, and you want an Attorney to deal with that property, you will want to choose the place where the property is located as the governing law, and appoint an Attorney who is located in (or is willing to travel to) the same jurisdiction as the property.

An Ordinary Power of Attorney is only valid as long as the donor is capable of acting for him or herself. If the donor becomes mentally incompetent (loses capacity), the ordinary Power of Attorney ends.

An Enduring Power of Attorney remains valid even if the donor later becomes mentally incompetent. The donor must be competent at the time an enduring Power of Attorney is made.

In either case, the Power of Attorney becomes invalid when the donor dies. A Power of Attorney cannot be used to bequeath property upon the death of the donor.

By choosing to create a Springing Power of Attorney, you are ensuring that the document will not come into legal effect until the date or event you have specified has occured.

- Generally speaking, a Power of Attorney is effective as soon as it is executed (signed and witnessed, etc.) whether or not the principal is available or able to handle his or her own affairs. However, the document might specify that it will only be effective under certain conditions.
- For example, some Power of Attorneys specify that they will not come into effect unless and until the principal has become mentally incompetent to handle his or her own finances.

Your Power of Attorney will spring into effect at 12:01 AM, local time, on the day you have specified.

The person who gives the authority (power to act) is referred to as a donor, mandator or grantor.

The person appointed by the donor, and given authority to act for the donor, is called the Attorney.

First, the Attorney does not have to be an actual lawyer. The Attorney must be a capable adult. The Attorney cannot be an undischarged bankrupt. The Attorney should not be the owner, operator or employee of a nursing home or extended care facility in which the donor is a resident.

- Your Attorney must be someone whom you trust completely.
- In addition, remember that your Attorney will have complete authority to deal with your financial and legal affairs (subject to any limitations or restrictions specified in your Power of Attorney). You should ensure that the person you choose has adequate financial management skills and sufficient time to handle your affairs properly.
- Your Attorney must be available when required, be able to objectively make decisions and be able to keep accurate financial records.

Your Attorney has the following responsibilities:

• to act in your best interest;
• to keep accurate records of dealings/transactions undertaken on your behalf;
• to act for you with the utmost good faith and to avoid situations where there is a conflict of interest; and
• to keep your property and money separate from their own.

One Attorney is normally enough. If you have two or more Attorneys, you must decide if they will act together (jointly) or whether they will have the power to act separately.

It is a good idea to appoint an alternate/substitute Attorney but it is not absolutely necessary. An alternate/substitute Attorney can only act when the primary Attorney is unable or unwilling to continue acting for the donor.

- The general power clause gives your Attorney the power to do anything allowable under the Powers of Attorney Act. The power is broad and includes powers such as writing checks on bank accounts, access to safety deposit boxes, the purchase of insurance, collecting any debts due, and voting corporate shares.
- Some jurisdictions require that for a Power of Attorney to grant authority over land, the document must specifically state this. This can be selected under "specific powers" below.

- In most provinces, if you wish to give your Attorney the power to deal with your land or real estate, you must specifically state this power in your document. This power is separate or in addition to the general power.
- To insert this power click yes to 'Specific Power' and make sure the power to 'sell, mortgage, exchange, lease or otherwise deal with real estate/land' is checked.

You can not use this document to transfer custody of your children. You can not give your Attorney the power to make health care decisions for you or your family; these powers can only be granted by a Health Care Directive or Living Will document.

- When you give a "general" Power of Attorney, you give your Attorney the authority to do anything you could do yourself, with a few exceptions — such as areas where you possess skills that your Attorney doesn't (e.g. if you are a dentist, you cannot authorize your Attorney to practice dentistry on your behalf).
- But there may be some things you would prefer your Attorney did not do. For example, you may want to require that your Attorney get prior approval from you before signing cheques for large amounts on your account.

There can be many restrictions you may want to place on your Attorney. You may wish to prevent your Attorney from selling a particular piece of real estate. Or you may wish to limit how much your Attorney may spend while renovating a particular property.

- Depending on the kind of relationship you have with the person who will be acting as your Attorney, you will have to consider how they should be paid for their services.
- You can stipulate in your document that your Attorney will not receive any payment except the reimbursement of out-of-pocket expenses as this is the starting point for compensation, or you can agree to pay your Attorney a specified amount. If you prefer, you can authorize your Attorney to pay him or herself a reasonable amount for acting for you.

Out-of-pocket expenses are expenses that the Attorney pays out of his or her own pocket while performing tasks related to this Power of Attorney. This would include gasoline, parking, administration fees, etc.

- You can require your Attorney to prepare periodical financial statements and send them to your accountant, lawyer or some other person you choose. But this is a lot of work, so most people do not require it of unpaid Attorneys.
- Note : Attorneys should keep records of all their actions.

NO. Generally speaking, when a person dies, the executor (also called a "personal representative") appointed in the person's Last Will and Testament takes control of the deceased person's property and distributes it according to the instructions in the Last Will. If there is no Last Will (or if the Last Will is invalid), each jurisdiction has intestacy legislation that distributes the deceased person's property to his or her relatives according to a set of rules. A court generally appoints an administrator to oversee this process. Unfortunately, the deceased person's wishes are not taken into account during the process (which can be very lengthy), since they have not been formally expressed in the proper manner.

A ordinary Power of Attorney ends automatically when the donor becomes mentally incapacitated or dies. An enduring Power of Attorney ends automatically when the donor dies. As long as you are mentally competent, you may revoke your ordinary or enduring Power of Attorney at any time by notifying your Attorney (in writing) that the power is revoked and destroying the original Power of Attorney. Otherwise, a Power of Attorney continues in effect indefinitely, unless the document specifies an end date.

A person who has lost capacity to manage their affairs cannot revoke an enduring Power of Attorney. However, an ordinary Power of Attorney is automatically revoked when the donor is found to have lost capacity.

Your Power of Attorney will terminate at 11:59 pm, local time on the day you have specified.

In Alberta the following persons may not be a witness:
a. A person under the age of 18 years of age;
b. The person designated as your Attorney;
c. The spouse or adult interdependent partner of the person designated as your Attorney;
d. The person, or the spouse or adult interdependent partner of the person, signing the Power of Attorney on your behalf if you are physically unable to sign the Power of Attorney; or
e. You, your spouse or adult interdependent partner, your child or person treated as your child.

- Generally no, a Power of Attorney has to be recorded (filed) with the registry or the Land Titles Office (depending on the jurisdiction) if it could affect real property (land or other real estate).
- For example, if the Attorney is authorized to mortgage or sell the donor's real estate, or to purchase real estate on behalf of the donor, the Power of Attorney will probably have to be recorded at the appropriate office.