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Interprovincial Recognition of Substitute Decision-making Documents: Personal Directives, Final Report 113


In 2016, the Uniform Law Conference of Canada adopted the Uniform Interjurisdictional Recognition of Substitute Decision-Making Documents Act as suitable for implementation across Canada. The Uniform Act seeks to provide harmonized rules for recognizing substitute decision-making documents (like enduring powers of attorney and personal directives) that are prepared outside of the jurisdiction in which they are sought to be used. This final report reviews ALRI’s consultation process and the feedback ALRI received in response to its preliminary […]

AREA OF LAW Wills and Succession
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FORMAT Publications
FILE FR113.pdf

March 1, 2019

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
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FORMAT Publications
FILE fr088.pdf

February 1, 2003

Enduring Powers of Attorney, Issues Paper 5


The Alberta Law Reform Institute is considering whether to prepare a report and recommendations for the adoption of additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”). In order that its consideration may be properly informed, the Institute solicits the comments and advice of the reader on these two questions: Should the law provide additional safeguards against abuse of Enduring Powers of Attorney (“EPAs”)? If the law should provide additional safeguards, what should the […]

AREA OF LAW Wills and Succession Family Law
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FORMAT Publications
FILE IPNo.5.pdf

February 4, 2002

Enduring Powers of Attorney, Report for Discussion 7


This report addresses the desire by those who are contemplating their own possible mental incapacity to assign to someone power of attorney over their affairs. At the time of this report, at common law, a power of attorney would automatically terminate as soon as the donor of that power had become mentally incapable. As a result, many people who suffered mental incapacity would have a trustee assigned by a court to care for their affairs. […]

AREA OF LAW Wills and Succession
TAGS , , , , ,
FORMAT Publications
FILE rfd7.pdf

December 2, 1990

Enduring Powers of Attorney, Final Report 59


This report addresses the desire by those who are contemplating their own possible mental incapacity to assign to someone power of attorney over their affairs. At the time of this report, at common law, a power of attorney would automatically terminate as soon as the donor of that power had become mentally incapable. As a result, many people who suffered mental incapacity would have a trustee assigned by a court to care for their affairs. […]

AREA OF LAW Wills and Succession
TAGS , , , ,
FORMAT Publications
FILE fr059.pdf

November 1, 1985