Ask A Lawyer: What is an Enduring Power of Attorney and Personal Directive?

An Enduring Power of Attorney and Personal Directive are often-overlooked, but essential, parts of your estate planning. A Will is the document that governs when a person dies. 

But, what if you are not capable of making your own decisions, but have not yet passed away? For younger clients, this situation is more likely to arise as a result of a car accident or brain injury. For more elderly clients, Alzheimers or dementia leading to a lack of mental capacity are more immediate concerns. 

When a person is in this situation, alive but unable to make decisions for themselves, they should have documents that appoint someone to manage their affairs. That is the role of the Enduring Power of Attorney and Personal Directive. 

An Enduring Power of Attorney appoints a person or persons to manage your financial and property matters. This power is typically very broad. Your appointed Attorney can “step into your shoes” and manage your affairs with your bank, the CRA, Land Titles Office, and other institutions. 

An Enduring Power of Attorney can be made “Immediate” and give your Attorney this authority immediately upon signing of the document. 

Or, it can be made “Springing”, only conferring this authority when you lose capacity. 

A Personal Directive appoints an Agent to make personal and medical decisions, including medical care and treatment, accommodation, and social activities. 

A Personal Directive can only be “Springing”. These decisions are not something you can appoint someone else to make if you are mentally capable of making yourself.

Contact Kaup Law Office to make an appointment for further questions or request our Estate Planning Questionnaire, to get started on your professionally drafted Will today.