What is a power of attorney?
An enduring power of attorney is a legal document that appoints someone to make financial and property decisions on your behalf if you become unable to manage your own affairs. In Saskatchewan, an enduring power of attorney continues to be valid even if you lose mental capacity.
The person you appoint is called your attorney (this does not mean they are a lawyer). They can manage things like paying bills, accessing bank accounts, managing investments, and dealing with property on your behalf.
What is a healthcare directive?
A healthcare directive (also called a personal directive in Saskatchewan) is a document that appoints someone to make health and personal care decisions for you if you are unable to make them yourself. This can include decisions about medical treatment, where you live, and other personal matters.
The person you appoint is called your proxy or delegate. They work with healthcare providers to make decisions that align with your wishes and best interests.
When the documents take effect
| Power of Attorney | Healthcare Directive |
|---|---|
| Takes effect if you lose capacity (or immediately, if specified) | Takes effect if you are unable to make your own health decisions |
Why you should consider both
Having only one document can leave a gap if you lose capacity:
- If you have only a power of attorney, no one has legal authority to make healthcare decisions for you
- If you have only a healthcare directive, no one has legal authority to manage your finances or pay your bills
Together with a will, these documents form a complete estate plan that covers your finances, your health, and your estate after you pass away.
Who should you appoint?
You can appoint the same person as both your attorney and your proxy, or you can choose different people. Consider someone who:
- Understands your wishes and values
- Is trustworthy and will carry out your wishes
- Is willing and able to take on the responsibility
- Can make decisions under pressure
- Lives close enough to be available when needed, or can act remotely
A Power of Attorney (POA) costs $175. See Power of Attorney and Healthcare Directive services for preparation options with Friesen Law* in Saskatoon and across Saskatchewan.
Common questions about powers of attorney and healthcare directives
Yes. Friesen Law* can prepare both documents together, often as part of preparing a will.
Yes, as long as you still have mental capacity. You can update or revoke these documents at any time. It is a good practice to review them when significant life changes occur.
If you lose capacity without these documents in place, someone may need to apply to the court to be appointed as your guardian or co-decision-maker. This process can take time and may result in someone you would not have chosen being appointed.