An enduring power of attorney (EPA) is a legal document that allows you to choose who will handle your financial affairs if you’re unable to do so. It’s different from a will. An EPA is only used while you’re alive. It’s the best way to:
- choose who will handle your money and property;
- document your financial instructions; and
- give authority to a chosen person to act on your behalf.
Who should have an enduring power of attorney (EPA)
You should have an EPA if you’re:
- a Yukoner over 19 years of age; and
- considered mentally capable by law.
Exceptions
Note that section 51 of the federal Indian Act restricts the Citizens of Liard First Nation, White River First Nation and Ross River First Nation from creating an enduring power of attorney. Contact a lawyer to discuss what options may be available to you.
Create an EPA
As a Yukoner, you can choose how to create your EPA:
- Create your own by using our template and user guide
- Create your own by following the Enduring Power of Attorney Act and its Regulations
- Hire a lawyer to draft it
If you choose to create your own, our template helps ensure you include all the necessary information and signatures. If information is missing, your EPA may not be valid.
Download the template to create your enduring power of attorney
Download the user guide
What conditions activate an EPA?
Under the Enduring Power of Attorney Act, you determine the conditions that activate your EPA. These conditions are known as specified contingencies. They can be vague, specific, planned or unplanned events.
Contingencies can include, but are not limited to:
- mental incapacity;
- physical incapacity;
- specific life events, such as moving to a supervised living or divorce; or
- a determined date.
You can choose 1 or more specified contingencies. The person you name as attorney acting in your EPA must agree to these conditions. The EPA will activate when any contingency occurs.
Notice of attorney acting
When your EPA activates, the person you named in your EPA as your attorney acting must give written notice to anyone else mentioned in the EPA that they are now acting for you.
The attorney acting can use the notice of attorney acting template to provide written notice.
If you do not have an EPA
If you do not have an EPA and become unable to manage your own affairs:
- no one will be legally allowed to manage your money or property, including paying your bills and mortgage; and
- a family member or close associate would need to apply to the Supreme Court of Yukon for permission to serve as your financial guardian, requiring time and possible court costs and legal fees.
Other official documents you may need
An enduring power of attorney stops when you die.
It does not take the place of a will. Having a will is the best way to have your wishes respected after you pass.
If you want to name someone to make medical or personal care decisions for you, you’ll need to create an advanced directive under the Care Consent Act.