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 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 making property decisions.
The written declarations of two (2) licensed and qualified medical practitioners that I am incapable of making property decisions shall serve as conclusive proof that I am incapable of making property decisions.
My Attorney shall exercise the authority given in this Enduring Power of Attorney during and despite my incapacity to make property decisions.
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 a person whom I pay for health care, personal care, residential, social, training, or support services, unless they are an immediate family member of mine and it is not a part of their occupation or business.
Preview Personal Directive of Robert 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 matters.
My Agent shall have the authority to receive all information and records regarding my personal matters.
4. EFFECTIVE
This Personal Directive shall not have any effect unless and until I am incapable of making personal decisions.
The written declarations of two (2) licensed and qualified medical practitioners that I am incapable of making personal decisions shall serve as conclusive proof that I am incapable of making personal decisions.
My Agent shall exercise the authority given in this Personal Directive during and despite my incapacity to make personal decisions.
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 a person whom I pay for health care, personal care, residential, social, training, or support services, unless they are an immediate family member of mine and it is not a part of their occupation or business.
Preview Enduring Power of Attorney of Mary Wallace (Scenario #1)
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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 making property decisions.
The written declarations of two (2) licensed and qualified medical practitioners that I am incapable of making property decisions shall serve as conclusive proof that I am incapable of making property decisions.
My Attorney shall exercise the authority given in this Enduring Power of Attorney during and despite my incapacity to make property decisions.
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 a person whom I pay for health care, personal care, residential, social, training, or support services, unless they are an immediate family member of mine and it is not a part of their occupation or business.
Preview Personal Directive of Mary Wallace (Scenario #1)
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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 matters.
My Agent shall have the authority to receive all information and records regarding my personal matters.
4. EFFECTIVE
This Personal Directive shall not have any effect unless and until I am incapable of making personal decisions.
The written declarations of two (2) licensed and qualified medical practitioners that I am incapable of making personal decisions shall serve as conclusive proof that I am incapable of making personal decisions.
My Agent shall exercise the authority given in this Personal Directive during and despite my incapacity to make personal decisions.
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 a person whom I pay for health care, personal care, residential, social, training, or support services, unless they are an immediate family member of mine and it is not a part of their occupation or business.
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 CONTINUING POWER OF ATTORNEY FOR PROPERTY is given by me, Daniel Smith, in accordance with and pursuant to the Substitute Decisions Act, S.O. 1992, c. 30.
1. REVOCATION
I hereby revoke any prior Continuing Power of Attorney for Property.
2. APPOINTMENT
I appoint my daughter, Alexandra Smith, as my Attorney for Property under this my Continuing Power of Attorney for Property.
3. POWERS
I authorize my Attorney for Property to do, on my behalf, any and all acts that I may lawfully do by an Attorney for Property, except make, modify, or revoke a Will.
My Attorney for Property 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 for Property shall have the authority to receive all information and records regarding my property.
4. EFFECTIVE
This Continuing Power of Attorney for Property 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 for Property shall exercise the authority given in this Continuing Power of Attorney for Property during and despite my incapacity to manage property.
5. PRIORITY
Where I also have a Power of Attorney for Personal Care in effect, and the exercise of the authority under the said Power of Attorney for Personal Care and the exercise of the authority under this Continuing Power of Attorney for Property bring about a conflicting result, the authority under the said Power of Attorney for Personal Care 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 a Continuing Power of Attorney for Property.
I have read and understand the nature and effect of this Continuing Power of Attorney for Property.
I am making this Continuing Power of Attorney for Property freely and voluntarily.
Each person I have appointed as Attorney for Property is at least eighteen (18) years old.
Each person I have appointed as Attorney for Property is eligible to be an Attorney for Property under a Continuing Power of Attorney for Property.
No person I have appointed as Attorney for Property is a person whom I pay for health care, personal care, residential, social, training, or support services, unless they are an immediate family member of mine and it is not a part of their occupation or business.
Preview Power of Attorney for Personal Care of Daniel Smith (Scenario #2)
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THIS POWER OF ATTORNEY FOR PERSONAL CARE is given by me, Daniel Smith, in accordance with and pursuant to the Substitute Decisions Act, S.O. 1992, c. 30.
1. REVOCATION
I hereby revoke any prior Power of Attorney for Personal Care.
2. APPOINTMENT
I appoint my daughter, Alexandra Smith, as my Attorney for Personal Care under this my Power of Attorney for Personal Care.
3. POWERS
I authorize my Attorney for Personal Care to do, on my behalf, any and all acts that an Attorney for Personal Care may lawfully do.
My Attorney for Personal Care 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 Attorney for Personal Care shall have the authority to receive all information and records regarding my personal care.
4. CONSENT TO TREATMENT
I authorize my Attorney for Personal Care, on my behalf, to give or refuse consent to treatment to which the Health Care Consent Act, 1996, S.O. 1996, c. 2, Sch. A, applies.
5. DECLARATIONS
I am at least eighteen (18) years old.
I have the capacity to make a Power of Attorney for Personal Care.
I have read and understand the nature and effect of this Power of Attorney for Personal Care.
I am making this Power of Attorney for Personal Care freely and voluntarily.
Each person I have appointed as Attorney for Personal Care is at least eighteen (18) years old.
Each person I have appointed as Attorney for Personal Care is eligible to be an Attorney for Personal Care under a Power of Attorney for Personal Care.
No person I have appointed as Attorney for Personal Care is a person whom I pay for health care, personal care, residential, social, training, or support services, unless they are an immediate family member of mine and it is not a part of their occupation or business.