Different Types of Wills
• Holograph Will – written entirely in the hand of the Testator and signed at the bottom of the Will
• Military Will – signed by Testator (no requirement for witnesses)
• Non-Holograph Will – signed at the bottom by the Testator (or signed by another person on Testator’s behalf and at their discretion and in the Testator’s presence) and two witnesses, all of whom were present and observed the other endorse their signatures
Important Elements to a Will
• Name an Executor and at least one alternate
• Name a Guardian for your minor children and at least one alternate
• List any specific gifts and beneficiary(ies)
• Describe how you want the residue of your Estate to be distributed
Power of Attorney
Power of Attorney is a legal document that gives one person the power to make financial decisions on someone else’s behalf. Any competent adult or financial institution can be appointed Power of Attorney.
Enduring Power of Attorney
An Enduring Power of Attorney (“EPA”) is a document in which you name a trusted person to act for you and make decisions with regard to your finances and property in the event that you lose your ability to make competent decisions at some time in the future. Typically, two doctors must take an objective finding that you are no longer mentally competent before the EPA comes into effect.
A Personal Directive (“PD”), also frequently referred to as a “Living Will” or “Advance Medical Directive.” Typically, this is a document in which you name an agent with authority to make decisions related to your personal and medical care, and in particular, the continuation or termination of medical care, when you are incapable of making or communicating that decision. Normally, you will discuss these situations with your agent before you are in a situation where the PD comes into effect. In Alberta, the Personal Directives Act describes how a PD is to be prepared and what may or may not be contained in a PD.
Affordable Mobile Notary Public Services does not provide legal advice. Our services include the notarization of documents, administering oaths, affirmations and solemn declarations, certification of copied documents and the witnessing of agreements. The presentation of information on this page is not legal advice nor should it be relied on as such.