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.
Key differences
| Power of Attorney | Healthcare Directive |
|---|---|
| Covers financial and property decisions | Covers health and personal care decisions |
| The person appointed is called your attorney | The person appointed is called your proxy or delegate |
| Can manage bank accounts, property, investments | Can make medical treatment and personal care decisions |
| 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
A power of attorney and a healthcare directive cover different areas of your life. Having only one means there could be a gap if you lose capacity. For example:
- 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 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
Friesen Law* helps clients in Saskatoon and across Saskatchewan prepare both powers of attorney and healthcare directives. Prices start at $210. To get started, contact Friesen Law*.
Common questions about powers of attorney and healthcare directives
Yes. Friesen Law* can prepare both documents together, often as part of preparing a will. Having all three documents prepared at the same time ensures your estate plan is complete.
A power of attorney can take effect immediately or only when you lose capacity, depending on how it is written. A healthcare directive takes effect when you are unable to make your own health decisions.
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.
This article contains general information about powers of attorney and healthcare directives in Saskatchewan. It is not legal advice. For guidance on your specific situation, contact Friesen Law*.