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ENDURING POWER OF ATTORNEY - MegaDox.com

ENDURING POWER OF ATTORNEY - MegaDox.com

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<strong>ENDURING</strong> <strong>POWER</strong> <strong>OF</strong> <strong>ATTORNEY</strong><br />

THIS <strong>POWER</strong> <strong>OF</strong> <strong>ATTORNEY</strong> is given by me, [INSERT NAME <strong>OF</strong> DONOR], of the City/Town of<br />

_______________, in the Province of Alberta.<br />

1. Revocation of Previous Powers of Attorney. I REVOKE any previous powers of attorney granted by<br />

me.<br />

2. Applicable Law. I make this Enduring Power of Attorney in accordance with the Powers of Attorney<br />

Act (Alberta).<br />

3. Appointment of Attorney(s). I APPOINT my spouse, [INSERT NAME <strong>OF</strong> SPOUSE], of<br />

_________________, Alberta to be my Attorney. In the event of the death or refusal or inability of [INSERT<br />

NAME <strong>OF</strong> SPOUSE] to act or continue to act, I APPOINT [INSERT NAME <strong>OF</strong> ALTERNATE<br />

<strong>ATTORNEY</strong>], of ___________________________ [insert place of residence] to be my Attorney. Any person(s)<br />

acting as my Attorney may renounce their appointment at any time before this Enduring Power of<br />

Attorney <strong>com</strong>es into effect.<br />

4. Definitions. In this Enduring Power of Attorney, the following terms shall have the following<br />

meanings:<br />

(a)<br />

“Attorney” means the person(s) appointed by me in this document to act on my behalf,<br />

whether original or substituted, and includes my appointed Attorney, joint Attorneys, or<br />

joint and several Attorneys.<br />

(b)<br />

(c)<br />

(d)<br />

“Full powers” means the general authority to perform all actions and do all things on my<br />

behalf, as fully as I could do if I were able to do so, that may lawfully be done by my<br />

Attorney. This power does not include the authority to write my will, or to maintain,<br />

educate, benefit and advance my spouse and dependent children.<br />

“Power” means the authority to act on my behalf and in my place for the purpose of<br />

holding and managing my property and financial affairs.<br />

“Spouse” means [INSERT NAME <strong>OF</strong> SPOUSE], of _________________, Alberta.<br />

5. Coming Into Effect. This Power of Attorney shall not <strong>com</strong>e into effect unless and until I am infirm<br />

or mentally incapable of making reasonable judgments about my property and financial affairs. [NOTE: If<br />

you want the document to be<strong>com</strong>e effective immediately, strike this clause out.]<br />

6. Powers to Endure. The powers I give my Attorney in this document to take effect in the future, are<br />

to continue and are not to be revoked despite any incapacity I may suffer after signing this document.<br />

Unless revoked by me during my lifetime, this Enduring Power of Attorney terminates on my death.<br />

7. Revocation. I may revoke this Enduring Power of Attorney at any time, in writing, as long as I<br />

have the capacity to do so.<br />

8. Written Declaration of Incapacity. The written declaration of two (2) medical doctors authorized to<br />

carry on practice in the Province of Alberta or, should I be<strong>com</strong>e incapacitated while permanently or


temporarily outside of Alberta, two (2) medical doctors licensed to practice in that jurisdiction, shall be<br />

conclusive proof that I have be<strong>com</strong>e mentally incapable, whereupon this Power of Attorney shall be<strong>com</strong>e<br />

effective.<br />

9. Powers.<br />

9.1 Upon this Enduring Power of Attorney <strong>com</strong>ing into effect, I give my Attorney full powers to do<br />

anything on my behalf to hold my property, and to invest and manage my property, which full<br />

powers include:<br />

(a) writing cheques on my bank accounts;<br />

(b) having access to my safety deposit box;<br />

(c) investing money and buying and selling securities;<br />

(d) filing my tax returns;<br />

(e) selling or managing my real property;<br />

(f) collecting any debts owed to me;<br />

(g) voting any corporate shares I hold;<br />

(h) signing any documents relating to my property;<br />

(i) doing any other act relating to my property and financial affairs.<br />

9.2 With respect to land owned by me, my Attorney has power to sign all documents on my behalf<br />

for registration under any legislation concerning land titles and real property of all the provinces<br />

and territories of Canada and any foreign jurisdiction.<br />

9.3 If making a payment to or for a person as authorized by this document, my Attorney may pay the<br />

person, the guardian of the person, or any other person my Attorney may consider appropriate.<br />

A receipt from the person to whom the payment is made will be evidence of the fulfillment of my<br />

Attorney’s responsibility. My Attorney has no obligation to ensure that the payment is applied<br />

properly.<br />

THIS IS A 5-PAGE DOCUMENT.

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