Publications
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 |
| TAGS | rules, directives, enduring, execution, personal, recognition, substitute |
| FORMAT | Publications |
| FILE | FR113.pdf |
March 1, 2019
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
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 |
| TAGS | mental, agency, capacity, contract, enduring, power of attorney |
| FORMAT | Publications |
| FILE | IPNo.5.pdf |
February 4, 2002
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 | agency, capacity, contract, enduring, power of attorney |
| FORMAT | Publications |
| FILE | fr059.pdf |
December 1, 1990
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 | mental, agency, capacity, contract, enduring, power of attorney |
| FORMAT | Publications |
| FILE | rfd7.pdf |
February 2, 1990