Exploiting seniors through a Power of Attorney (POA) is a criminal offence. If you or anyone in your family suspects their loved one or friend is being financially exploited under their Power of Attorney, please contact the EPS Non-Emergency Line at: 780-423-4567.
Enduring power of attorney
An enduring power of attorney is a legal document that you make to give another person the authority to make financial decisions on your behalf.
The document:
- is written when you are capable of making your own decisions
- states when the person will have authority
- can start at either of these times:
- immediately and continue if you lose capacity
- when you lose capacity
An enduring power of attorney is defined by the Powers of Attorney Act.
Get an enduring power of attorney
There are no regulated forms for creating an enduring power of attorney.
It is safest to make an enduring power of attorney with a lawyer to make sure:
- you have protected all your financial interests
- your enduring power of attorney is legal
Enacting an enduring power of attorney
Each power of attorney document is different. Make sure to read the detailed documents to determine what the differences are.
An enduring power of attorney can come into effect:
- as soon as it is signed
- on a specific date
- when a specific event occurs
Ending an enduring power of attorney
Each power of attorney document is different. Read the instructions in the document to determine if it provides criteria for when the enduring power of attorney ends.
An enduring power of attorney lasts until one of these things happens:
- you die
- you revoke it – if you have capacity to revoke it
- the court cancels it
- a trusteeship order is granted
- your attorney dies or loses capacity and there is no alternate attorney to take over
- if another one is legally written and the one previous is revoked
Complaints about an attorney
Contact a lawyer for assistance with this process.
An attorney can be criminal charged for “Theft by Person Holding Power of Attorney” under Sec. 331 of the Criminal Code of Canada.
Glossary of Terms
| TERM |
DEFINITION |
| Attorney |
The person(s) you appointed to look after your finances within the Power of Attorney document |
| Trustee |
The person(s) appointed to look after your finances via Court Order called a Trusteeship Order (occurs when senior is no longer capable of being their own financial decisions) |
| Guardian |
The person(s) appointed to look after your personal and care decisions via Court Order called a Guardianship Order (occurs when senior is no longer capable of making their own personal decisions) |
| Agent |
The person(s) you appointed to look after personal and care decisions within the Personal Directive document |