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Originally Posted by Pinner
I guess it is time to look at this, educate myself, feel free to expand on this.
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While she is still competent, your mother should appoint someone to help her with her financial affairs if she is later unable to take care of herself (power of attorney), and appoint someone to make her personal and medical decisions (personal directive). Without these appointments, you will have to apply to court to become her trustee/guardian.
Both documents can be set-up to say that they will only get activated on her incapacity.
http://www.seniors.gov.ab.ca/opg/personaldirectives/
http://www.seniors.alberta.ca/opg/pe...ves/faq.asp#03
A personal directive is a legal document where you can write out your instructions and/or possibly name an individual—an agent—to decide on personal matters if, due to injury or illness, you are no longer able to make personal choices. A personal directive deals with personal matters, such as where you live and the medical treatment you will receive.
Enduring Power of Attorney deals with financial matters. An Enduring Power of Attorney is a legal document in which a donor (the person who writes the power of attorney) appoints an attorney (the person authorized to make decisions on behalf of a donor). An Enduring Power of Attorney is a Power of Attorney that contains a clause stating that the authority of the attorney is in effect after a donor suffers a loss of capacity.