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ARTICLE · 20 OCTOBER 2017

Agents, Attorneys & Personal Representatives: An Introduction

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This bulletin describes some of the general duties of an Agent under a Personal Directive, an Attorney under an enduring Power of Attorney and a Personal Representative under a Will...

CanadaFamily and Matrimonial
Theodore Fong
Theodore Fong
Matthew Wilkins
Matthew Wilkins
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This bulletin describes some of the general duties of an Agent under a Personal Directive, an Attorney under an enduring Power of Attorney and a Personal Representative under a Will as prescribed in Alberta legislation. 

Generally speaking, individuals who occupy such positions share a common duty called a "fiduciary duty", which requires that the individual act in the best interests of the person for whom he or she is responsible and prohibits personal interests from conflicting with such obligations. The fiduciary duty must be stringently observed while an individual acts as an Agent, Attorney and/or Personal Representative. 

The Agent

An Agent acts under a Personal Directive to make decisions on the maker's behalf when that person is unable to do so due to mental impairment or physical infirmity. 

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