ARTICLE · 20 NOVEMBER 2025

Enduring Powers Of Attorney: Obligations, Limits, And Accountability

McKercher LLP

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An enduring power of attorney is a creature of statute. Its enabling legislation is The Powers of Attorney Act, 2002. Prior to its enactment and its predecessor legislation, a power of attorney was not enduring in nature.

CanadaFamily and Matrimonial

Paige E. Van De Sype

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An enduring power of attorney is a creature of statute. Its enabling legislation is The Powers of Attorney Act, 2002. ¹ Prior to its enactment and its predecessor legislation, a power of attorney was not enduring in nature. Therefore, when the grantor lost capacity, the power of attorney would terminate and could no longer be validly used.² Now, enduring powers of attorney's survive a grantor's incapacity.

The powers granted by a power of attorney are assumed to be unrestricted, subject only to limiting provisions in the power of attorney itself or legislation.

A power of attorney can also be springing, so that it takes effect immediately, or it can be contingent and require something to occur for it to take effect. This allows the grantor to appoint the person they believe is best suited to make property, financial, and/or personal decisions for them, and to clearly define when those decisions begin to be made for them. Notwithstanding the grantor's intentions,

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