Ordinary Power of Attorney - Template, Sample Form

ENDURING POWER OF ATTORNEY
Made pursuant to the Powers of Attorney Act, RSA 2000, c P-20, and the Powers of Attorney Regulation, Alta Reg 323/2024
Province of ________

§ 1. APPOINTMENT

1.1 I, ________, of ________, in the Province of ________ (the "Donor"), being an adult of the age of eighteen (18) years or more and of sound mind, hereby appoint ________, of ________ (the "Attorney"), to be my attorney for property and financial matters in accordance with this enduring power of attorney.

1.2 This document is intended to be an enduring power of attorney within the meaning of the Powers of Attorney Act, RSA 2000, c P-20 (the "Act"), and I expressly declare that the authority granted to my Attorney shall not be terminated by reason of any subsequent mental incapacity or infirmity on my part.

§ 2. SUBSTITUTION

2.1 If the Attorney named in § 1.1 is unable or unwilling to act, or ceases to act, as my Attorney by reason of refusal, resignation, death, mental incapacity, bankruptcy, or removal by a court of competent jurisdiction, I appoint ________, of ________, to act as my substitute Attorney, with the same authority as the Attorney whom he or she replaces.

2.2 The resignation of my Attorney shall be effective upon delivery of a copy of the Attorney's written resignation to me and to any other attorney or substitute attorney named in this document, and such written resignation shall be sufficient evidence of the authority of the substitute Attorney to act. In the event my Attorney becomes incapable of acting under this document, written notification of that event by my substitute Attorney shall be sufficient and conclusive evidence of that fact for the purposes of all persons concerned.

§ 3. AUTHORITY OF THE ATTORNEY

3.1 Subject to the terms and limitations set out in this document and to any restriction imposed by law, my Attorney shall have full power and authority to do on my behalf anything in respect of my property and financial affairs that I may lawfully do by an attorney, including, without limiting the generality of the foregoing, the authority to manage, sell, lease, mortgage, invest and otherwise deal with my real and personal property, to operate my financial accounts, to receive and disburse money, to file my tax returns, and to carry on my business.

3.2 The authority granted in this document does not extend to personal or health-care decisions, which are governed by the Personal Directives Act, RSA 2000, c P-6.

3.3 My Attorney shall exercise the powers granted under this document honestly, in good faith, and in my best interests, and shall exercise the degree of care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.

3.4 The following restrictions, conditions or directions apply to the authority of my Attorney:

________

§ 4. RECORDS AND REPORTING REQUIREMENTS

4.1 My Attorney shall keep proper accounts and records of all transactions undertaken on my behalf under this document.

4.2 My Attorney shall prepare financial reports at the following intervals: ________, commencing with the first such period after the signing of this power of attorney: ________. Each report shall be delivered within thirty (30) days of its due date to:

________

at the following address:

________

§ 5. EFFECTIVE DATE

5.1 This enduring power of attorney comes into effect on ________.

5.2 If a future event or condition is required for this power of attorney to come into effect, that event or condition, and the manner in which its occurrence is to be established, is as follows: ________.

§ 6. CONTINUATION AND TERMINATION

6.1 Pursuant to § 1.2, this enduring power of attorney shall continue in effect notwithstanding any mental incapacity or infirmity that I may subsequently suffer.

6.2 This power of attorney shall cease to be in effect at midnight on ________, or earlier upon my death, my written revocation while I am mentally capable, the termination of the Attorney's authority where no substitute is able and willing to act, or the order of a court of competent jurisdiction.

§ 7. COMPENSATION AND EXPENSES

7.1 I have requested of my Attorney, and my Attorney has agreed, to accept no compensation for any work done by my Attorney pursuant to this power of attorney, save as may otherwise be set out below: ________.

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§ 8. REVOCATION OF PRIOR INSTRUMENTS

8.1 I hereby revoke every prior power of attorney made by me in respect of my property and financial affairs.

§ 9. GOVERNING LAW

9.1 This power of attorney shall be governed by and construed in accordance with the laws of the Province of ________ and the federal laws of Canada applicable therein.

§ 10. EXECUTION

10.1 EXECUTED at ________ (city), ________ (province), this ________ day of ________, 20________, in the presence of the witness named below, who is not my Attorney, the spouse or adult interdependent partner of my Attorney, or my spouse or adult interdependent partner.

SIGNATURE OF DONOR

___________________________________

________

Address: ________

Date: ________

WITNESS

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___________________________________

Name: ________

Address: ________

Date: ________

§ 11. ACCEPTANCE BY ATTORNEY

11.1 I, ________, the Attorney named in this document, acknowledge and accept the appointment and agree to act in accordance with the terms of this enduring power of attorney and the Powers of Attorney Act.

___________________________________

Signature of Attorney

Date: ________