This paper discusses the nature and scope of an attorney’s duties under an enduring power of attorney acting for an incapable person, and also those of an agent under a personal directive in Alberta. It includes case law and legislative references, and provides practical advice for practitioners helping attorneys and agents with concerns relating to an incapable adult’s representatives and decision-makers.

This paper is part of a collection presented at LESA’s 48th Annual Refresher: Wills & Estates in 2015.