Estate Planning

You may find yourself having serious thoughts about the future. For example, disease or injury could affect your mind, making it impossible for you to look after yourself or your affairs. If you can’t manage your affairs, who will? Or, if you died, what would happen to your possessions and how would your children be looked after? The law cannot predict the future, but it can help you to prepare for some of the possible situations. In this section you will find resources about the following legal concerns: Find all CPLEA's resources on personal directives, powers of attorney, wills, medical assistance in dying and capacity at: Wills & Estates - Free Resources

Canadian Centre for Elder Law (CCEL)

Created by the BC Law Institute, the Canadian Centre for Elder Law is a national, non-profit body dedicated to exploring the particular legal issues which affect older Canadians through research, law reform, and education. CCEL has published plain language materials on these topics targeting health care practitionners, non-profit organizations, and the general public.

Jurisdiction: Canada/Federal
View Resource

Register your Personal Directive

Alberta has a Personal Directive Registry. The registry permits Albertans to voluntarily register the existence of their personal directive and contact information for your agents(s). If you have questions about the registry you can contact the Office of the Public Guardian toll free at 1-877-427-4525.

Please note: Registering your personal directive is optional. It’s valid even if you don’t register it.

Jurisdiction: Alberta
View Resource

Enduring Powers of Attorney

This online resource from Calgary Legal Guidance discusses Enduring Powers of Attorney in Alberta. An Enduring Power of Attorney should be prepared ahead of time before you suffer mental incapacity or illness which renders you unable to make sound decisions about your money and business matters. By an Enduring Power of Attorney, you appoint someone you trust to make decisions for you at a future time when you no longer have the capacity to make your own decisions.

Jurisdiction: Alberta
View Resource

Powers of Attorney

This online information discusses Powesr of Attorney in Alberta. A Power of Attorney gives someone authority to handle your financial and estate matters. It is a written document that says someone else, your agent, can step into your shoes and act with the same authority as you have in looking after your finances and estate.

Jurisdiction: Alberta
View Resource

Office of the Public Guardian and Trustee – Complaints

Complaints | How it works. If you have a serious concern, you can file a written complaint with the Office of the Public Guardian and Trustee. If it meets the criteria, it can be investigated. If you have a serious concern, you can file a written complaint about a:  co-decision-maker, guardian, trustee, personal directive agent. If your complaint meets the criteria, the Office of the Public Guardian and Trustee can open an investigation.These criteria are set in law. They’re from the Adult Guardianship and Trusteeship Act and the Personal Directives Act.

 

Jurisdiction: Alberta
View Resource

Wills

These pages on the Alberta Justice website provide information and answers to common questions for Albertans on administering estates for deceased people, family property division on death, and planning ahead for your will.

 

Jurisdiction: Alberta
View Resource

Calgary Chinese Community Service Association

The Calgary Chinese Community Service Association is an ethnocultural community service agency. CCSA offers four core programs: Children and Youth, Integration and Civic Engagement (ICE), Health Program, and Legal Program. Their Law and Advocacy Program is funded by the Alberta Law Foundation and provides a range of services including: basic legal information and referrals, Commissioner for Oaths and Notary, a free legal outreach clinic.  and free Wills & Estates Document Drafting Services (CCCSA provides free drafting services for Personal Directives, Enduring Powers of Attorney, and Wills for low-income seniors (ages 65+). Asset screening will be conducted for eligibility. and will and estate documents drafting services.)

 

Jurisdiction: Alberta
View Resource

Alberta Supports Centres

Alberta Supports can help you access more than 30 programs and 120 community services for:

  • seniors
  • employment
  • homelessness
  • financial needs
  • children and youth
  • parents and families
  • people with disabilities
  • guardianship and trusteeship
  • abuse, bullying and family violence prevention

You can apply online or call for assistance. Help is available in more than 100 languages.

Jurisdiction: Alberta
View Resource

Centre for Public Legal Education Alberta – Publications

The Centre for Public Legal Education Alberta produces and distributes booklets and pamphlets that explain the law in plain language. Topics areas include: Landlord and tenant; Real estate; Wills and estates; Registered charities; Elder abuse; and Law-related education materials for schools. Publications are available to download as PDFs or print copies may be ordered. 

Jurisdiction: Alberta, CPLEA Resources
View Resource

Office of the Public Guardian and Trustee (Alberta)

The Office of the Public Guardian (OPG) provides decision-making mechanisms for individuals who are unable to make personal, non-financial decisions for themselves. The OPG does this through the Personal Directives Act, the Adult Guardianship and Trusteeship Act and the Mental Health Act. The OPG also administers the Personal Directives Registry and the Adult Guardianship and Trusteeship Registry.

Jurisdiction: Alberta
View Resource

Adult Guardianship and Trusteeship Act in Alberta

This booklet produced by the Centre for Public Legal Education Alberta is for people who either: find themselves, or a loved one, in a state of diminished mental capacity and are interested in exploring joint decision-making options; or have a loved one who has lost capacity and must set up Guardianship and Trusteeship for that person. This 32 page PDF is available for download.

 

Jurisdiction: Alberta
View Resource

Adult Guardianship and Trusteeship

This online resource from Alberta Human Services provides information about the Adult Guardianship and Trusteeship Act (AGTA) which came into force on October 30, 2009. It includes information about the various decision-making options under the Act, and has sections specifically for private guardians, service providers and legal professionals. There is also a roster of designated capacity assessors.

Jurisdiction: Alberta
View Resource

Wills and Estates FAQs (Alberta)

This online resource is from the Canadian Legal FAQs, a website of the Centre for Public Legal Education Alberta. These FAQs include information about: Making a Will – Being an Executor; Making a Power of Attorney – Being an Attorney; and Making a Personal Directive – Being an Agent.

Jurisdiction: Alberta, CPLEA Resources
View Resource

Making a Will (Alberta)

This booklet produced by the Centre for Public Legal Education Alberta is for people who are wondering if they should write a Will. It explains what is involved in making a Will. The purpose of writing a Will is to pass on your belongings to your loved ones according to your wishes and with as few problems as possible. If you die without a Will, it’s often more costly, complicated, and time-consuming to settle your estate, and this booklet describes some common examples. This 24 page PDF is available for free download.

Jurisdiction: Alberta, CPLEA Resources
View Resource

Being a Personal Representative (Alberta)

This booklet produced by the Centre for Public Legal Education Alberta explains what is involved in being a Personal Representative. It is divided into two sections:  a question and answer section that looks at issues to consider before you accept the job as well as common questions and examples; and a checklist section that helps guide you when the testator—the person who made the Will—dies. This booklet gives general information only, not legal advice. It is not a do-it-yourself guide. This 20 page PDF is available for free download.

Jurisdiction: Alberta, CPLEA Resources
View Resource

General Powers of Attorney (Alberta)

This booklet produced by the Centre for Public Legal Education Alberta is for people who are wondering if they should write a Power of Attorney. It is about putting your affairs in order and planning for the future. It explains what is involved in making a Power of Attorney and how a Power of Attorney can help you to look after your current and future financial affairs. It describes some common examples.  This 16 page PDF is available for free download.


Jurisdiction: Alberta, CPLEA Resources
View Resource

Understanding Enduring Powers of Attorney (Alberta)

This online resource from the Office of the Public Trustee (Alberta) provides information about enduring powers of attorney. Sections include: Why you need an Enduring Power of Attorney; Choosing an attorney; Keep your Power of Attorney current; Cancelling an Enduring Power of Attorney; When a donor dies; Other things to consider.

 

Jurisdiction: Alberta, CPLEA Resources
View Resource

Being an Attorney under an Enduring Power of Attorney(Alberta)

This booklet produced by the Centre for Public Legal Education Alberta is for people who have been asked to be an Attorney under someone’s Enduring Power of Attorney. It explains what is involved in being an Attorney. There are two sections: a question and answer section touching on issues to consider beforeyou accept the job as well as common questions and examples; and a checklist section that helps guide you when the donor—the person who gave you Power of Attorney—loses capacity. This booklet gives general information only, not legal advice. It is not a do-it-yourself guide.

Jurisdiction: Alberta, CPLEA Resources
View Resource

Understanding Personal Directives (Alberta)

This online resource from Service Alberta provides information about Personal Directives. Sections include: Introduction; A Time When You Cannot Make Decisions; Writing Your Personal Directive; Choosing Someone to Make Decisions on Your Behalf – Your “Agent”; Areas of Decision Making Authority; Information Card; Frequently Asked Questions; Definitions; and Where Can I Get More Help? (PDF – 24 pages)

Jurisdiction: Alberta
View Resource

Making a Personal Directive (Alberta)

This booklet produced by the Centre for Public Legal Education Alberta is for people who are wondering if they should write a Personal Directive. It is about putting your affairs in order and planning for the future. It explains what is involved in making a Personal Directive and how a Personal Directive can help you to look after your future personal (non-financial) needs. It describes some common examples. This 16 page PDF is available for free download.

 

Jurisdiction: Alberta, CPLEA Resources
View Resource

Being an Agent (Alberta)

This booklet produced by the Centre for Public Legal Education Alberta is for people who have been asked to be an Agent under someone’s Personal Directive. It explains what is involved in being an Agent. There are two sections: a question and answer section that covers issues to consider before you accept the job as well as common questions and examples; and a checklist section that helps guide you when the Personal Directive comes into effect. This booklet gives general information only, not legal advice. It is not a do-it-yourself guide.

Jurisdiction: Alberta, CPLEA Resources
View Resource

Oaknet (Older Adult Knowledge Network)

This website of the Centre for Public Legal Education Alberta (CPLEA) focuses on how Canadian law protects and affects older adults. Topic areas covered include elder abuse, planning for the future, personal and family relationships, and various other issues (e.g. consumer, travel).

Jurisdiction: Alberta, CPLEA Resources
View Resource

Family Mediation Services (Alberta Courts)

Family Mediation Services offers free information and assistance with: bringing applications in Provincial (Family) Court concerning custody, access and private guardianship of children; mediation services to assist families in resolving parenting issues, e.g. custody, access, private guardianship and child support; courses to improve parenting skills and communication between parents who are living apart; and other court-directed services intended to aid in resolving parenting disputes.

Jurisdiction: Alberta
View Resource

Seniors and the Law: A Resource Guide (3rd ed.)

This handbook from Alberta Civil Liberties Research Centre provides information on a range of legal subjects of interest to seniors (people who are 65 years of age and older). It is written in “plain English” and is intended as a basic resource for seniors, their friends, relatives and advocates. In a question-answer format, the handbook provides an overview of issues facing seniors, including abuse, mental health, guardianship and trusteeship, personal directives, powers of attorney and consumer protection. Includes a glossary and list of senior-serving agencies in Alberta. (PDF – 150 pages, 2010)

Jurisdiction: Alberta
View Resource