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Enduring Power of Attorney (EPA):
An enduring power of attorney (EPA) is a legal document that lets someone make decisions and act on your behalf when you lack the capacity to do so.
When you make an EPA, you are known as the grantor.
The person you choose is known as your agent or attorney-in-fact. (Note: They do not need to be a lawyer to hold your power of attorney.)
They are called “enduring” powers of attorney because the authority you give continues or “endures” if you lose your capacity. This is especially important for people living with dementia because other types of powers of attorney end when the grantor loses their mental capacity.
There are two types of powers of attorney:
Attorney for property: This is someone who makes decisions regarding your finances and property. This can go into effect immediately or when you lack capacity. This type of attorney requires a statement from a lawyer.
Attorney for personal care: This is someone who makes decisions regarding your health care and personal care. Your attorney for personal care cannot start acting until you lack capacity. This type of attorney requires two witness signatures. A lawyer, while not required, is recommended.
In your EPA document, you can name the person who will assess your capacity to make decisions. If you don’t name anyone, or if the person you name is unable to, a doctor or nurse practitioner can do the assessment.
More information is available in the booklet Enduring Powers of Attorney. Click download PDF to view the booklet.
Health care directives
A health care directive is a written document that details your instructions about future health-care decisions if you lose the ability to make your own decisions. This could include decisions regarding treatments, resuscitation, organ donation and end-of-life interventions.
A health care directive does not give someone the legal right to make decisions for you. For that to be the case, you will need to name them as your Enduring Power of Attorney (EPA). A health care directive is a document that can be used for guidance in medical situations by your EPA or health-care providers.
It is important to communicate the existence and details of your health care directive to family members, health-care providers and your EPA to ensure that your instructions are known and respected. Keep the original document in a safe location but consider keeping copies in easier to spot areas like the bedside table or on the fridge. You can also give a copy to family members or your doctor or nurse practitioner.
Click download PDF to view the guide, Health Care Directives.
Wills and estate planning
A will is a legal document that has instructions about your wishes for your property and goods after your death. The people or organizations you name in your will to receive a share of your property or assets are called beneficiaries.
The person or trust company you name to administer the provisions of your will is called the executor.
You must be mentally competent (sometimes referred to as “being of sound mind”) when making your will. If you become mentally incompetent after making your will, it will still be valid.
The law does not require that you use a lawyer in drafting your will. However, it is usually a good idea to get advice from one. They will make sure that your will is legally valid.
More information on creating a will and estate planning is available in the booklet Making a Will. Click download PDF to view.
Finding a lawyer
Visit the Member Directory to find a lawyer in your area or call the New Brunswick Law Society at (506) 458-8540.
The booklet, You and Your Lawyer, offers suggestions on how to find a lawyer. It also includes tips on how to get the most out of your first appointment. Click download PDF to view.