What Does ‘Enduring’ Mean in a Power of Attorney?

If you’ve created a power of attorney, you might assume it works forever and that no matter what happens, your chosen person can step in and manage your affairs. That’s reasonable, but it’s not always true.

Without one specific clause, your power of attorney could stop working exactly when you need it most.

Understanding the “Enduring” Clause

In Manitoba, a power of attorney gives someone else (your “attorney”) authority to make financial and property decisions on your behalf, such as managing bank accounts, paying bills, selling property, or handling investments.

But here’s the critical part: unless your power of attorney specifically includes an “enduring” clause, it becomes invalid if you lose mental capacity.

A standard power of attorney without the enduring provision stops working the moment you become mentally incapable—through dementia, a stroke, severe illness, or injury. The very situations where you’d most need someone managing your affairs are exactly when a non-enduring power of attorney fails you.

Why This Matters

Imagine you’re in a serious accident and suffer a brain injury. You’re alive, but unable to make financial decisions. Your bills still need paying. Your mortgage is due. Your business needs managing.

If your power of attorney isn’t enduring, it’s now useless. Your family can’t access your accounts or manage your property. They’ll have to apply to court to be appointed as your committee—a lengthy, expensive, emotionally draining process during an already difficult time.

An enduring power of attorney would have allowed your chosen person to step in immediately and handle everything as you intended.

Mental Health, Capacity, and Planning Ahead

With Blue Monday just behind us—a day highlighting mental health struggles many Canadians face—it’s worth considering the intersection of mental health and legal capacity.

Mental capacity isn’t always permanent. Someone experiencing severe depression or anxiety may go through periods where decision-making is compromised. Dementia develops gradually. Medical emergencies happen suddenly.

Creating an enduring power of attorney while you’re healthy means you’ve made decisions about your future on your own terms. You’ve chosen someone you trust, given them clear authority, and protected your family from court proceedings if something happens.

What Makes a Power of Attorney “Enduring”

In Manitoba, making your power of attorney enduring is straightforward—the document needs language stating it remains in effect even if you become mentally incapable.

Most powers of attorney drafted by lawyers include this automatically, but not all. If you used an online template or older form, it might not be there.

If you’re uncertain whether yours is enduring, check your document for wording that specifically addresses what happens if you lose capacity. If you can’t find it or the language is unclear, have a lawyer review it.

You Can’t Plan After the Fact

Once you’ve lost mental capacity, it’s too late to create or update your power of attorney. The law requires you understand what you’re signing.

That’s why these documents matter now, while you’re healthy. An enduring power of attorney ensures that no matter what happens, someone you trust can step in and help.

Take the Next Step

If you don’t have a power of attorney, or if you’re unsure whether yours is enduring, we can help. We’ll review your current documents or create new ones that truly protect you and your family.

Give us a call at (204) 925-1900, and let’s make sure you’re properly protected.