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 AttorneyHealthcare Directive
Covers financial and property decisionsCovers health and personal care decisions
The person appointed is called your attorneyThe person appointed is called your proxy or delegate
Can manage bank accounts, property, investmentsCan 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

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*.