Publications
Interprovincial Recognition of Substitute Decision-Making Documents, Report 32
Substitute decision-making documents (also called powers of attorney, proxies, personal directives, etc…) delegate authority to one person to act on behalf of another with respect to financial, property or legal affairs and/or personal or health care matters. A valid substitute decision-making document must conform to the laws of the jurisdiction where it is executed. Execution requirements, however, are not uniform across jurisdictions. As a result, a substitute decision-making document may not be recognized outside of […]
| AREA OF LAW | Wills and Succession |
| TAGS | attorney, directives, execution, personal, powers, recognition, substitute |
| FORMAT | Other |
| FILE | RFD32.pdf |
December 1, 2017
Beneficiary Designation by Substitute Decision Makers, Final Report 104
The Alberta Law Reform Institute has released recommendations to ensure testamentary wishes are respected upon death. It has become common to use beneficiary designations as a simple way to pass on assets. Beneficiary designations are made with: Pension plans Insurance policies Retirement savings plans Retirement income funds Locked in retirement accounts Tax free savings accounts However, more of the population is aging and losing the capacity to decide who will receive the proceeds of these […]
| AREA OF LAW | Wills and Succession |
| TAGS | rsp, rif, lira, tfsa, inherit, guardian, retirement, designation, attorney, beneficiary, asset, insurance, pension, substitute, trustee |
| FORMAT | Publications |
| FILE | FR104.pdf |
July 1, 2014
Enduring Powers of Attorney: Areas for Reform, Final Report
Western Canada Law Reform Agencies (WCLRA) consists of the British Columbia Law Institute, the Alberta Law Reform Institute, the Law Reform Commission of Saskatchewan and the Manitoba Law Reform Commission. In its first report, WCLRA recommends uniformity of certain key provisions in each western province’s statute governing enduring powers of attorney (EPAs). Apart from these proposed uniform provisions, it is intended that each province’s statute will remain unique. The areas in which WCLRA proposes uniformity […]
| AREA OF LAW | Wills and Succession |
| TAGS | appoint, planning, trusts, mental, epa, donor, attorney, capacity, enduring, estate, financial, power, trustee, witness |
| FORMAT | Publications |
| FILE | WCLRA-EPA-report.pdf |
June 16, 2008
Enduring Powers of Attorney: Areas for Reform, Consultation Paper
Western Canada Law Reform Agencies (WCLRA) consists of the British Columbia Law Institute, the Alberta Law Reform Institute, the Law Reform Commission of Saskatchewan and the Manitoba Law Reform Commission. In its first report, WCLRA recommends uniformity of certain key provisions in each western province’s statute governing enduring powers of attorney (EPAs). Apart from these proposed uniform provisions, it is intended that each province’s statute will remain unique. The areas in which WCLRA proposes uniformity […]
| AREA OF LAW | Wills and Succession |
| TAGS | appoint, planning, trusts, mental, epa, donor, attorney, capacity, enduring, estate, financial, power, trustee, witness |
| FORMAT | Publications |
| FILE | wclra-EPA-CP1.pdf |
August 10, 2004
Enduring Powers of Attorney: Safeguards Against Abuse, Final Report 88
The Powers of Attorney Act allows a donor of a power of attorney to provide either that the power of attorney will come into effect on the donor’s mental incapacity or infirmity or that the power of attorney will continue in force despite the donors supervening mental incapacity or infirmity. It classifies both springing and continuing powers of attorney as “enduring” powers of attorney (EPA). The great majority of attorneys exercise their control for the donor’s benefit, […]
| AREA OF LAW | Wills and Succession |
| TAGS | epa, donor, incapacity, safeguard, infirmity, attorney, control, enduring, powers, public, Rights, trustee |
| FORMAT | Publications |
| FILE | fr088.pdf |
February 1, 2003