POA-2-FORM P-1 - Service Alberta - servicealberta 2025

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The person you name as power of attorney is generally prohibited from self-gifting unless you specifically authorize the person to make gifts to themselves in the POA document. This question comes up frequently, but the answer is usually straightforward once you read the language in the POA document.
Appoint Your Power of Attorney Today Power of attorney is a legal document that gives someone you trust the power to represent you and make decisions and act on your behalf. In Alberta, there are two types of power of attorney documents enduring power of attorney and a personal directive.
How to draft legal Powers of Attorney in Alberta. In Alberta, an Enduring Power of Attorney must be: Written by someone 18 or older. Dated and signed by the donor and a witness who are physically present to watch each other sign.
You can state what you will and will not allow the attorney to do, and the attorney is only allowed to act to protect your assets for you, your spouse and your dependent children. The attorney may be paid up to 5% of the estate assets.
A POA can illegally take money and transfer it to themselves, cash out investments and keep the money, or even sell the family home. To protect yourself and your money against power of attorney fraud the first step is picking the right POA.
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The attorney may be paid up to 5% of the estate assets. If you do not have an enduring power of attorney in place and you lose mental capacity in the future, a family member or friend may apply to the court for an order of trusteeship.
The POA cannot change or invalidate your Will or any other Estate Planning documents. The POA cannot change or violate the terms of the nominating documents -- otherwise they can be held legally responsible for fraud or negligence. The POA cannot act outside of the Principals best interest.
Similar to a legal last will and testament, you do not need to have your power of attorney documents notarized for them to be legal and accepted by banks and other organizations. This applies to power of attorney documents in all provinces in Canada.

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