Enduring Power of Attorney Checklist Alberta

Before You Draft

Confirm the donor has capacity. Alberta law presumes every adult has capacity until there are reasonable grounds to believe otherwise. The donor must understand what a power of attorney is, who they are appointing, and the consequences of signing. If there is any doubt, arrange a capacity confirmation with the donor's physician before proceeding — a contested EPA is worse than no EPA.

Choose the right attorney. The attorney is the person who will manage the donor's financial and property affairs. Consider:

• Trustworthiness and financial competence over geographic proximity
• Whether to appoint one attorney or co-attorneys (jointly, severally, or jointly and severally)
• Whether to name an alternate attorney in case the primary cannot act

Decide on the activation trigger. Two options:

• Immediate: The attorney can act from the moment the EPA is signed, even while the donor retains capacity. Useful when the parent needs help now.
• Springing: The EPA remains dormant until a specified event occurs, typically a Declaration of Incapacity. Provides more control but requires an activation process later.

Drafting the Document

Include these elements to ensure the EPA is accepted by banks, the Land Titles Office, and care facilities:

• [ ] Full legal names and addresses of the donor and attorney(s)
• [ ] The enduring clause: "This power of attorney continues notwithstanding subsequent mental incapacity of the donor"
• [ ] Broad financial authority: bank accounts, investments, pensions, tax filings, insurance, debts, government benefits
• [ ] Explicit banking clauses: authority to open, operate, and close accounts; redirect deposits; access safety deposit boxes
• [ ] Real estate authority: authority to buy, sell, mortgage, lease, and deal with all real property
• [ ] Self-dealing clause (if intended): explicit permission for the attorney to reimburse themselves from the donor's funds for legitimate care expenses
• [ ] Co-attorney structure (if applicable): specify whether attorneys act jointly, severally, or jointly and severally
• [ ] Alternate attorney designation: who steps in if the primary attorney cannot act
• [ ] Activation trigger (if springing): specify who declares incapacity and what the declaration process requires

Executing the Document

• [ ] The document is in writing and dated
• [ ] The donor signs with a wet-ink signature (no electronic signatures)
• [ ] A qualified witness is present at the signing — not the attorney, not the attorney's spouse/partner, not the donor's spouse/partner, not anyone under 18, not anyone signing on the donor's behalf
• [ ] The witness signs the document in the donor's presence with wet ink
• [ ] If using virtual witnessing: a practising Law Society of Alberta member has provided the donor with legal advice about the document, and both parties sign identical paper copies via two-way audiovisual connection

After Signing

• [ ] If the EPA will be registered with Land Titles, complete the Affidavit of Execution (Form P1) — the witness swears or affirms before a Commissioner for Oaths ($10–$25 at most registries)
• [ ] Create notarized copies for distribution (original stays with the donor or their lawyer)
• [ ] Register the EPA with the donor's primary bank while the donor can still confirm their intentions in person
• [ ] Complete the bank's own in-house POA form as a parallel document
• [ ] Register the EPA with the Land Titles Office (Edmonton or Calgary) if the donor owns real property
• [ ] Store the original in a secure but accessible location — not a safety deposit box the attorney cannot access without the EPA

Verification After Execution

• [ ] The EPA contains the exact enduring language required by the Powers of Attorney Act
• [ ] The witness is not on the disqualification list
• [ ] All signatures are wet ink on paper
• [ ] Form P1 is properly commissioned (if Land Titles registration is needed)
• [ ] The bank has acknowledged receipt and registered the EPA in their system
• [ ] The Land Titles registration is confirmed (if applicable)

Missing any of these steps does not necessarily invalidate the EPA, but it creates friction when the attorney tries to use it — often at the worst possible moment.

Our Alberta Power of Attorney & Personal Directive Kit provides the full execution checklist, the banking clause templates, the Land Titles preparation guide, and a post-signing verification protocol in one structured workflow.

See more Alberta guides →