PROVINCE OF ALBERTA 

 

ENDURING POWER OF ATTORNEY

 

 

I, N, of Calgary, Alberta, do hereby appoint my wife, M, and my son, A, jointly, or either of them acting alone, or the survivor of them, to be my attorneys and to do on my behalf anything that I can lawfully do by an attorney, and without limiting the generality of the foregoing:

To purchase, rent, sell, exchange, mortgage, lease, surrender, and in every way deal with real estate, lands, and premises and any interest that I own or acquire after the effective date of this power of attorney, and execute and deliver any documents pertaining to the real estate;

To take possession of, lease, let, manage and improve any real estate or any interest in real estate which I own or acquire after the effective date of this power of attorney, and from time to time appoint any agent to assist in managing the same, using the same power and discretion as I have if personally present;

To sell or mortgage real estate and land, and any shares, stocks, bonds, mortgages, and other securities for money, either together or in parcels, for a price by public auction, private sale, or contract as my attorney considers to be reasonable and expedient;

To execute, deliver, and acknowledge any documents and generally to deal with goods and other property and to transact all business required as my attorney sees fit, for any of the purposes mentioned here;

To deal with shares, stocks, bonds, debentures, and coupons and to vote those that have voting rights;

To negotiate with, deposit with, or transfer to any bank, any money and other negotiable notes and to endorse them on my behalf; and also to sign or endorse my name on any cheque, draft, or order for the payment of money, or to any bill of exchange or promissory note in which I have an interest; and to transact any business with the banks that may be necessary. Any bank may continue to deal with my attorney under this power until the manager or acting manager of the branch of the bank at which the account is kept receives written notice of revocation of this power of attorney. Until such notice has been given, the acts of the attorney with the bank will be binding on me;

To demand and receive from anyone all debts, in any form, which are or will be due to me;

To execute receipts and discharges of any debts owing to me when the debts have been paid;

If any person does not render a full account of the debt owing, to compel that person to do so, using all proceedings available under the law as my attorney thinks fit;

To examine and settle any account pending between me and any person;

And also for me and in my name, to enter into any agreement with any person to whom I am indebted, satisfying the debt; and generally to act as I myself could do if personally present;

To accept partial payment in satisfaction for the payment of the whole of any debt payable to me or to grant an extension of time for the payment, or otherwise to act as my attorney believes most expedient;


If any dispute arises concerning any of the matters in this power of attorney, to take the dispute to arbitration, as my attorney thinks fit, and to sign any documents for this purpose;

And also to invest or deal with any money which may be received as my attorney sees fit and in particular to buy real estate, stocks, and bonds;

And to have access to deposit and remove any documents or articles which may be in any safety deposit box I have, in any institution;

    In accordance with Section 2 of the Powers of Attorney Act of Alberta, I declare that the authority of my attorney under the power of attorney is to continue notwithstanding any mental incapacity or infirmity on my part that occurs after the execution of the power of attorney.

I revoke any powers of attorney I have previously given.

I grant full power to my attorney to substitute and appoint one or more attorney(s) under him or her with the same or more limited powers, and in his or her discretion to remove this substitute.

I authorize that my attorney is to be completely indemnified against all claims, actions, and costs which may arise in connection with the exercise of this power of attorney and the administration of my estate undertaken by him or her in good faith.

 

In this power of attorney, where required, the singular is to be read as the plural and other grammatical changes are to be made where necessary. The word “person” includes company, corporation, body corporate, partnership, firm, or association, and the word “bank” includes trust company or person.

 

     I declare that I have read and understand the Notes attached to this Power of Attorney as Schedule "A".

 

 

DATED at the City of Calgary, in the Province of Alberta, this ________ day of ____________________________, A.D., 20____.

 

 

______________________________                        _____________________________             

Witness                                                                      


SCHEDULE "A"

 

READ THESE NOTES BEFORE SIGNING THE ENDURING POWER OF ATTORNEY

 

1.  The effect of this document is to authorize the person you have named as your attorney to act on your behalf with respect to your property and financial affairs.

2.  Unless you state otherwise in the document, your attorney will have very wide powers to deal with your property on your behalf.  The attorney will also be able to use your property to benefit your spouse and dependent children.  You should consider very carefully whether or not you wish to impose any restrictions on the powers of your attorney.

3.  This document is an "enduring" power of attorney, which means that it will not come to an end if you become mentally incapable of managing your own affairs.  At that point your attorney will have a duty to manage your affairs and will not be able to resign without first obtaining permission from the court.  The power of attorney comes to an end if you or your attorney dies.

4.  This document takes effect as soon as it is signed and witnessed.  If you do not want your attorney to be able to act on your behalf until after you become mentally incapable of managing your own affairs, you should say so in this document.

5.  You may cancel this power of attorney at any time, as long as you are mentally capable of understanding what you are doing.

6.  You should ensure that your attorney knows about this document and agrees to being appointed as attorney.

 

                                                ACKNOWLEDGEMENT

 

I, N, being the Donor named in the attached Enduring Power of Attorney hereby acknowledge:

  1. I have read (or have had read to me) and understand the nature and effect of the        

      attached Enduring Power of Attorney and these notes.

            2.   I am the full age of 18 years.

            3.   I am voluntarily giving the attached Enduring Power of Attorney.

 

DATED at Calgary, Alberta this ____day of __________, A.D., 20_____.

 

 

                                                                        ____________________________

                                                                        N