How do you activate a parent’s Power of Attorney? As an Estate Planning and Probate Lawyer, I often help clients:
- Plan their affairs for times of incapacity and eventual death, often years in advance.
- Administer these plans when a loved one passes away.
A common question arises about the period in between these stages. This can be challenging for both the person in decline and their supporting family members.
If you’ve discussed Power of Attorney with me or another estate planning lawyer, you might recall the “triggering” mechanisms. While there are different forms, they generally have similar provisions.
How Does a Power of Attorney Become Effective?
The Alberta Enduring Powers of Attorney Act outlines two main mechanisms to activate a typical enduring power of attorney:
- Medical Declaration by Competency Assessment:
- If a person is deemed “mentally incapable of managing affairs,” two authorized medical practitioners in Alberta must review and declare this.
- Steps:
- Visit your loved one’s family doctor or request a competency assessment if they are in the hospital.
- Two medical practitioners will complete an Alberta Health Services (or equivalent) form called a “competency assessment.”
- Personal Declaration by Written Authorization:
- If the person is still competent, they can declare in writing that the Power of Attorney is now effective.
- Steps:
- Your loved one signs and dates a statement, such as: “I declare my enduring power of attorney active this __ day of November, 2024.”
- Attach this signed declaration to the Power of Attorney document.
In both scenarios, the written declaration serves as conclusive proof that the Power of Attorney is now effective.
Conclusions
Understanding how to activate a Power of Attorney can ease the transition during difficult times. If you have any questions or need assistance, feel free to reach out. We’re here to help you navigate these important legal processes with confidence and clarity.