There are numerous duties that an attorney owes to the donor in enduring powers of attorney [EPAs] and serious consequences can arise if an attorney fails to perform those duties. This paper identifies abuses of an attorney’s duties to the donor, what the outcomes for dealing with those abuses are, and the potential process for remedying abuses. To explore these issues, different examples are considered in the context of case law and legislation in Alberta. As well, a sample demand letter, sample statement of claim, and sample originating application are included as appendices to illustrate issues discussed in the paper.

This paper is part of a collection presented at LESA’s Enduring Powers of Attorney and Personal Directives program in Edmonton on April 5, 2016 and in Calgary on April 12, 2016.