Power of Attorney Checklist for Aging Parents in Saskatchewan

The Full Saskatchewan Checklist

If your parent still has cognitive capacity, you have a window to set up legal authority before a crisis forces the family into court. This checklist covers the entire process — from the initial conversation to the point where every institution that matters has the documents on file.

Step 1: Confirm Your Parent Has Capacity

Before any documents are signed, your parent must have the mental capacity to understand what they're doing. The legal standard under Saskatchewan's Powers of Attorney Act, 2002 is functional — your parent needs to understand the nature and effect of the power of attorney, who they're appointing, and what authority they're granting.

A formal capacity assessment isn't legally required at this stage, but if there's any question about your parent's cognitive state, getting a brief note from their physician documenting capacity at the time of signing provides strong protection if the document is later challenged.

Step 2: Choose the Right Documents

Saskatchewan uses two primary legal instruments, plus separate federal authorization forms, and most aging parents need all of them:

• Enduring Power of Attorney — covers property (banking, real estate, taxes) and/or personal care (housing, daily living decisions). The standardized provincial forms are Form A (personal), Form B (property), or Form C (both combined).
• Health Care Directive — covers medical treatment decisions and appoints a proxy for healthcare consent. Governed by a completely separate statute and has its own execution rules.
• CRA and Service Canada authorization forms — Form AUT-01 for CRA tax representation and Form ISP-1603 for pension inquiries. These federal agencies don't recognize provincial EPAs automatically.

Skipping any of these creates a gap that surfaces at the worst moment — the bank accepts your EPA, but the hospital won't let you consent to treatment because a property EPA has zero medical authority.

Step 3: Choose the Attorneys and Proxy

Decide who serves in each role:

• Property attorney — manages finances, banking, real estate, investments, tax filings
• Personal attorney — manages housing, daily care, social activities, choice of care home
• Health care proxy — makes medical treatment decisions when the parent can't communicate

These can be the same person or different people. If multiple children are involved, structuring separate roles can reduce conflict. If naming a single person, consider naming a successive (backup) attorney in case the primary can't serve.

Decide on timing: should the EPA take effect immediately (useful if the parent is already physically frail and needs help managing affairs) or on a springing/contingent basis (stays dormant until the named declarant, or, if none is named, two prescribed professionals confirm incapacity using Form G)?

Step 4: Execute the Documents

For the EPA:

• Print or prepare the appropriate form (A, B, or C)
• The parent signs in the presence of witnesses
• Witnessing option 1: a practicing lawyer who completes Form D (Legal Advice and Witness Certificate)
• Witnessing option 2: two competent adults who each complete a separate Form E (Non-Lawyer Witness Certificate)

The witness exclusion rules are strict. Witnesses cannot be: the appointed attorney, the parent's spouse, or a "family member" of either the parent or the attorney. Saskatchewan's definition of family member is exceptionally broad — it includes spouses, children, parents, siblings, grandparents, grandchildren, aunts, uncles, nephews, and nieces, including step- and adoptive relationships.

For the Health Care Directive:

• The parent writes, dates, and signs the directive — no witnesses required if they sign personally
• Include specific treatment preferences (CPR, ventilation, artificial nutrition, etc.)
• Name the health care proxy

Step 5: Make and Distribute Copies

• Store the originals in a secure location (home safe, not a safety deposit box the attorney might not be able to access quickly)
• Give high-quality photocopies to every appointed attorney and proxy
• Place the Health Care Directive and proxy appointment in the SHA's Advance Care Planning Yellow Sleeve on the parent's refrigerator
• Keep a set in the parent's hospital bag or care binder for emergencies

Step 6: Register with Financial Institutions

Take the original (or certified copy) of the property EPA to each of the parent's banks and financial institutions. Expect:

• A 5-to-10 business day legal department review
• Possible account freezes or restrictions during the review period
• A bank-specific indemnification agreement to sign
• Opening of designated trust accounts in the format "Your Name, Attorney for Parent's Name"

Don't wait for a crisis to register. Banks that have the EPA on file before the parent loses capacity process it far faster than banks seeing the document for the first time during an emergency.

Step 7: Register with Federal Agencies

• CRA: Submit Form AUT-01 to register as the parent's representative for phone and mail inquiries. For full online access, register for a CRA "Represent a Client" ID. To change direct deposit or mailing addresses, submit a certified true copy of the EPA to the appropriate CRA Tax Centre (for example, the Winnipeg Tax Centre).
• Service Canada: Mail a certified true copy of the EPA to Service Canada for authority over CPP and OAS administration.

Step 8: Coordinate with the SHA

If your parent may need home care or long-term care placement, inform their SHA Client Care Coordinator that an EPA and Health Care Directive are in place and provide copies. When the time comes for a care assessment or bed placement, the SHA team already has the legal authority documentation on file — saving critical hours during the four-hour bed offer window.

The Saskatchewan Power of Attorney & Personal Directive Kit includes all the provincial forms, a guided walkthrough for each execution step, and a bank registration tracker to ensure every institution has your documents before you need them.

See more Saskatchewan guides →