The growing international mobility of clients broadens the considerations involved in estate planning. This paper examines some of the considerations that lawyers should take into account when engaging in incapacity planning for clients who own property or assets in foreign jurisdictions, reside, at least part of the calendar year, in foreign jurisdictions, or who may move to a new jurisdiction and are unwilling or unable to execute new estate planning documents in that jurisdiction. Topics discussed include using Alberta enduring powers of attorney [EPAs] and personal directives [PDs] in other jurisdictions, using multiple, separate situs EPAs and PDs, and considerations for drafting the same. As well, practical tips for solicitors preparing EPAs and PDs are provided. Various tables of concordance related to EPAs and PDs are also included, as appendices, for Canadian provinces and select United States and Commonwealth jurisdictions.

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.