Daily Life Series
June 2011
Dating and New
Relationships
for Older Adults
You are never too old to fall in
love! However, if you are widowed
or divorced and seeking new
companionship, you may find
yourself with many questions. The
world of dating is different than it
used to be. Also, unlike when you
were younger and first starting out,
you may now have family members
and assets to think about and
You should not rely on this
booklet for legal advice. It
provides general information on
Alberta law only.
Legal
Resource Centre
of Alberta
Legal
Resource Centre
of Alberta
#201 10350
– 124 Street
Edmonton, AB T5N 3V9
Phone: 780.451.8764
Fax: 780.451.2341
info@legalresourcecentre.ca
www. legalresourcecentre.ca
protect. You know that, now more than ever, you should not be blinded by
love: you want to be careful and you want to be informed. This booklet will
help. It provides important information about legal issues related to new
relationships.
Why should I be concerned? It’s just dating
and I’ve dated before.
While dating and meeting new people is fun, there
are people who are not what they seem. You need to be
wary of fraudsters who may see your trust and desire for
companionship as a way to get close to you and then try
to scam you financially. Although you need not let this
possibility stop you from dating, you should keep it in
mind and protect yourself as best as you can.
If I want to date someone, what safety steps
should I take to protect myself?
Here are some things you can do to protect yourself if
you start dating:
• Personal Information
–– Do not reveal too much personal information until
you get to know the person better. If you provide
someone with your full name and phone number, it
would be easy for that person to find out where you
live.You may want to wait until you know someone
really well before sharing any personal information.
Consider getting a separate cell phone for talking
to your new friend. If you have a separate cell
phone number, then you can protect your home
address and other personal information.
• Personal Safety
–– Consider going out with a group of friends. There
is often more safety in numbers, and your friends
may notice something about your new friend that
you miss. Arrange to meet in public places, such as
a café.
–– Do not offer to pick the person up in your car, and
do not arrange to have them pick you up at your
home.
–– Tell a trusted friend where you are going, as well
as details about the person you are meeting, and
arrange to call that friend when you get home.
• Financial Safety
–– Do not tell your new friend about your finances.
–– Do not agree to lend the person money.
–– Be wary if the person tries to talk you into
investing in a business or other scheme.
I have heard about internet dating and am
thinking of trying it. What should I know about
safety when using chat rooms or an online
dating service?
There are many internet chat rooms and dating sites.
Each has its own rules and characteristics. Some safety tips
include:
• If you are not very experienced at using the internet, you
may want to take a computer course to learn more about
the do’s and dont’s of using one.
• Find out if the website has a strict privacy policy. You
want to be sure that the people you chat with cannot
find out your name or where you live.
• Do not use your real name or give your address,
workplace, phone number, or any other information that
could identify you.
• Be cautious about providing information on your
hobbies, interests, and hometown as it could reveal your
identity.
• Some people include a photograph, but many do not
share a photo until they find someone they want to
meet.
• Usually the online dating service will provide you with
an anonymous email feature, which means that you
receive emails through the dating website. If you decide
to use your own email address instead of using the
anonymous email option, you should provide an email
address that is not your regular, work or personal email
address. You can sign up for a free Yahoo, Hotmail, or
Gmail account that you can use just for online dating.
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• Don’t put your full name in the email address you
choose or in the “from” field - only your first name or
something else. You can send yourself a test email (to
your regular email address) to ensure that your real
name does not appear anywhere.
• If you decide to talk on the phone with someone you
meet online, never give out your home phone number.
Instead, provide a cell phone number, use Skype, or
use an anonymous phone service. If someone has your
home number, then that person can find out your
address.
• If you decide to meet in person, follow the safety tips
outlined above.
If we decide to live together, does that make
us “common-law” and will my rights change?
The term living “common-law” is often used in
everyday language to describe a couple that lives together,
with or without children, but is not married. At law,
however, the term is more complicated.
In Canada, all levels of government make laws. Some
laws use the term common-law, some do not. In addition,
not all laws give that term the same meaning. For example,
federal law uses the term “common-law” for various
purposes, including income tax law. Under the federal
Income Tax Act, you can be found to be living common-law
with someone if you have lived with them for one year.
Alberta provincial law does not recognize the term
“common-law”. Instead, in 2003, Alberta introduced the
concept of “Adult Interdependent Relationships,” a term
which replaces “common-law” in Alberta legislation.
Your rights can indeed be different depending upon
whether you are, or are not, in an Adult Interdependent
Relationship. Simply moving in together does not
automatically result in your becoming part of an Adult
Interdependent Relationship. You must meet certain
requirements set down in law in order to become
someone’s Adult Interdependent Partner (see question
below for legal requirements).
My son is very upset that I am dating and he is
pressuring me to break things off. What can I
do?
Seeing a parent start to date can be very upsetting;
many adult children react negatively. Dealing with this
issue early on can help to prevent problems, including legal
ones, at a later time.
Consider talking to your children about the issues as
they come. Try to keep the lines of communication open.
See if you can understand what your child’s concerns are,
and try to explain how you see things.
If you need additional help, you can seek out the help
of a mediator. For mediation resources, see the back of this
booklet.
If I have been dating someone for a long
time, do they have a right to my property or
money?
No. Just dating for a long time does not give your
friend the right to your property and assets. You do not
have to support each other financially. If you plan to move
in with your friend, then your property and money may
ultimately be affected. Consider talking to a lawyer about
how this might change your situation.
Seeing a parent start to date can be very upsetting;
many adult children react negatively. Dealing with
this early on can help to prevent problems.
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What is the significance of being, or not being,
in an Adult Interdependent Relationship?
The significance of a relationship being recognised
as an Adult Interdependent Relationship is the rights,
benefits and responsibilities that you and your partner
will receive under other laws. Those rights, benefits
and responsibilities will be similar to, and in some
cases, the same as, those extended to people who are
married. For example, the Family Law Act will allow
adult interdependent partners to apply for a support
order (sometimes referred to as “alimony”) where the
relationship has broken down.
If you are involved in an Adult Interdependent
Relationship, then you may have rights when your partner
dies. If your Adult Interdependent Partner did not leave
you anything under his/her Will, then you have the right
to ask a judge to re-distribute your partner’s property
so that you receive some of the estate. If your Adult
Interdependent Partner dies without a valid Will, you also
have the right to a portion of the partner’s estate.
For more information on the Adult Interdependent
Relationships, see the list of resources at the back of this
booklet.
What exactly is an “Adult Interdependent
Relationship”?
An Adult Interdependent Relationship (AIR) is a legal
recognition of a relationship between two people who are
not married. This relationship does not have to be conjugal
(sexual): it can be platonic.
In order for the relationship to be recognised as an
AIR, the relationship must have certain characteristics.
Specifically, it must be a relationship of interdependence,
outside of marriage where two people:
• share one another’s lives;
• are emotionally committed to one another; and
• function as an economic and domestic unit.
There are two possible ways for an AIR to exist:
1. If you have made a formal and valid adult
interdependent partner agreement with the other
person. Two people that are related by either blood or
adoption must enter into such an agreement in order to
be considered adult interdependent partners.
OR
2. If you are not related by either blood or adoption and if
you have:
–– lived with the other person in a “relationship of
interdependence” for at least three continuous
years (in other words, you become an Adult
Interdependent Partner automatically at the three
year mark); or
–– lived with the other person in a “relationship of
interdependence” of some permanence where there
is a child of the relationship (either by birth or
adoption).
So “common law”, “Adult Interdependent
Relationship” and “marriage” are three
different things?
Yes. Although many people may think common law
marriages and Adult Interdependent Relationships are
equivalent to a legal marriage, in law they are treated
differently. In a marriage, rights and obligations start
immediately once the couple is married. In contrast,
people of any age who are either common law or adult
interdependent partners must have lived together for a
specified period of time before their rights and obligations
come into effect. Often people who are not married but
who live together have less or weaker rights than those
of married couples and the processes for dissolving these
relationships are different from a marriage as well. Lastly,
remember that an Adult Interdependent Relationship does
not have to be conjugal (sexual).
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If my partner moves in, who owns the things
we buy together?
If we live together, will I be responsible for my
new partner’s debts?
You both do. If you and your partner buy something
together, such as furniture or a car, you both own it. If you
bought something on your own, it remains your property.
Make sure you keep proof of payments (such as receipts),
and indicate who paid for the item. You may want to
include all of the property in your cohabitation agreement
(see below).
You are only responsible for the debt of your new
partner if:
• you jointly entered into contracts, like car or apartment
leases;
• you co-signed a loan for your partner;
• the debt is actually in your name; or
• you signed a contract agreeing to pay the loan if your
partner could not (this is known as a Guarantee).
If you ever separate from your partner, your partner may
apply to the court for a division of debts after you separate,
and the court may order you to pay some of the debt if
you can.
How can I protect myself if my partner and I
have a joint bank account?
Many couples keep some of their money separate
by having their own personal accounts as well as a joint
account. They use the joint account to pay household bills
and joint purchases.
There are two types of joint accounts: tenancy in
common and joint tenancy.
• A joint account with tenancy in common is an
arrangement where each person on the account has a
share of the money in the account. The shares do not
have to be equal. When you separate or divorce, your
share is protected and is yours to take with you. If you
die, your share is left to your beneficiaries in your Will.
• The other type of joint account is a joint tenancy. This
means the account holders each have an equal right to
use and control the money in the account. If you have
this type of bank account, both you and your partner
have equal rights to use the money in the account. If
you die, your share is automatically left to the other
person named on the account.
–– This type is the most common type of joint account
for most couples. It can lead to problems when a
relationship breaks up and if one of the account
holders takes all the money out of the account.
Account holders do not have to be related, but
often they are spouses or partners, or a parent and
child.
I’m thinking about moving in with someone.
How can I protect my property?
A good way to protect your property if you move in
together is to have a co-habitation agreement. This is a
written agreement between you and your partner that sets
out your rights and responsibilities to each other. This
agreement can include terms about:
• what responsibilities you each have to pay: rent,
household bills, financing of holidays, bank accounts,
and furniture and other property;
• who owns the property;
• how property will be divided if you separate, and
• your support obligations.
If you decide to get married, you could have a prenuptial
agreement. This is an agreement between two married
people that describes who owns what property.
You need a lawyer to write your cohabitation or
prenuptial agreement. Your lawyer will explain how
your agreement or contract will affect your rights and
responsibilities. You should each talk to a different lawyer.
I moved in with my partner over a year
ago and we do not have a co-habitation
agreement. Can I get one now, or is too late?
A good way to protect your property if you
You can still get one, but there may be some
complications if you already have joint property. Consult
your lawyer.
move in together is to have a cohabitation
agreement.
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My partner and I want to have a co-habitation
agreement but we have been told that we
each have to see separate lawyers. We don’t
want to have to pay two lawyers. Is this a
requirement?
Some lawyers will advise you both, but most will not.
Although having two lawyers is an additional expense,
it helps to ensure that you both receive completely
independent advice. That is, each of you has a trained
professional looking out for only your interests. This,
in turn, can help you and your partner, as well as your
children, feel more secure in these new circumstances.
able to apply to the courts to be declared a beneficial
owner, and you may be ordered to pay some sort of
compensation to your partner. This concept of law
is called “constructive trust”. For more information,
consult a lawyer.
It is also important to remember that any rights arising
under law may be different depending on whether or not
you are/have married or have signed an AIR agreement.
To ensure that your rights are protected and that you make
the decisions that are best for both of you, consult a lawyer.
If my partner moves in with me, do I still own
my house?
It depends.
Legal Ownership:
• Usually the people who are listed on the title of the
house (the legal owners) are the people who own the
house. If your house is in your name only and your
partner moves in with you, you could choose to change
the legal ownership of the home. This means that you
change who is the owner of the home on the title of
the house. You could choose to add your new partner’s
name onto the title, and then you both own the house
together. If you do this, you will have to choose if you
want to be “joint tenants” or “tenants in common”.
–– You and your partner can own the property as joint
tenants, which means that if you die, your partner
will automatically receive full ownership of the
home.
–– If, on the other hand, you choose to be tenants in
common, then if you die, your share of the home
will go to your beneficiaries under your Will (so not
automatically to the other person on title).
Will my new partner be entitled to a share of
my work pension?
It depends. Pensions is a very complex area of law. The
answer depends on factors, including:
• whether or not your pension payments have already
started;
• whether you were together during any time that
contributions were made to the pension;
• the exact nature of your relationship (just living
together, Adult Interdependent Partner, married);
• the existence and content of any court orders related
to your pension (for example: if you divorced your first
spouse, there may be a court order about certain things
pertaining to your pension); and
• the exact terms of the pension plan.
To determine the exact effect of your new relationship on
your pension, consult the pension administrator and your
lawyer.
Beneficial Ownership:
• If your partner moves in with you, and you do not
put your partner’s name on title to your home, your
partner may still ultimately have the right to a share of
your house. For example, if your partner moves in with
you and continues to live with you for a significant
length of time and you are the sole owner of the home,
and your relationship ends, then your partner may be
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If I move in with or marry my new partner,
will I be able to – or will I have to – split my
Canada Pension Plan (CPP) with him/her?
You or your spouse or common-law partner can only
apply to receive an equal share of the retirement pensions
you both earned during the years you were together. The
amounts depend on how long you lived together and
your contributions to the CPP during that time. If your
respective CPPs were earned during a time that you were
not together, you will not be able to split those pensions.
For the purposes of the CPP, a “common-law partner” is
a person who has lived in a conjugal relationship with a
partner of either sex for at least one year.
• Some benefits are based on earnings or events in the
past and do not change. For example: the federal
Old Age Security (OAS) pension, the War Veteran’s
Allowance.
Before moving in with or marrying your new partner, be
sure contact to the various social agencies from which you
receive funds or assistance. They are in the best position to
answer your specific questions. You may also wish to consult
your lawyer.
I am currently receiving a CPP survivor’s
pension based on my first husband’s CPP. Will
this change if I remarry?
No. Your CPP survivor’s pension will continue even
if you remarry. A CPP pension includes the survivor’s
pension and is based on earnings that were made in the
past. This means that the pension was already earned and
no change in current income can change that.
Prior to 1987, the law was different. If you, or
someone you know, previously lost a Canada Pension Plan
survivor benefit because you remarried, contact the CPP
to find out if you are now eligible.
My children are very upset that I have a new
partner and am considering marriage. My
daughter, who is the Attorney under my
Enduring Power of Attorney has said she won’t
let me and she has said that she will talk to my
doctor and my lawyer to get their help. Can
she do this?
How will moving in with, or marrying my new
partner, affect my other social benefits?
Probably not. The main issue is whether or not you still
have mental capacity. An Enduring Power of Attorney
does not come into effect until the person who wrote it (in
this case, you) loses mental capacity. As long as you have
not lost mental capacity, you make your own decisions –
including the decision to make a new Enduring Power of
Attorney, if you think that is necessary. You daughter can
attempt to convince your doctor and your lawyer that you
have lost capacity, but these professionals would not just
take her word for it. They have their own sets of tests that
they conduct.
If you need help dealing with your daughter about
these issues, you can consult your lawyer or seek out the
help of a mediator. For mediation resources, see the back of
this booklet.
It depends on the exact benefit. Some may change,
some won’t.
For example:
• Some benefits are based on income level. If you move
in with your partner, the household income may
change and this can affect whether or not you are
eligible to continue receiving these benefits. Examples
of these kinds of benefits include: the federal
Guaranteed Income Supplement (GIS), the federal
Allowance, provincial benefit programs (including,
for example: the Alberta Rent Supplement, Alberta
Aids to Daily Living, Alberta Seniors Benefit, and the
Seniors’ Lodge Program)
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My new partner and I want to marry, but we
don’t want to have the ceremony in a church.
What are our options for a civil ceremony?
If you do not want to marry in a religious ceremony,
you must be married by a person known as a “Marriage
Officiant.” There is a list of Alberta Marriage Officiants
on the “Getting Married” page of the Service Alberta
website. You can also ask a judge, a member of the Senate
of Canada, an MP (member of Parliament of Canada) or
MLA (member of the Legislative Assembly of Alberta) to
be the officiant. However, they must apply for a temporary
permit.
Marriage ceremonies can take place anywhere that
all the parties agree upon, but you must also ensure that
you first have a marriage licence and properly signed a
Registration of Marriage Form. In addition, depending on
the location you choose, you may first need the permission
of the land owner and there may be certain requirements
and limitations (such as in a municipal park).
A common option for getting married is what is
known as the “destination wedding” – such as marrying in
Mexico. If you plan to have your wedding outside Alberta,
you must purchase your marriage licence, certificate
and any other marriage documents from the province/
territory/country where your wedding will take place. The
Alberta Government registers only marriages that occur in
Alberta. If you are planning to marry in another country,
you may wish to contact the consular office of that nation
for information. You can find a list of consular offices on
the webpage of Foreign Affairs and International Trade.
Your travel agent may also have some information.
For more general information on requirements for
marriage, see the “Getting Married” page of the Service
Alberta website.
Will I need to change my Will if I decide to live
with my partner?
It depends. If you want your partner to have
something of yours when you die, you will likely want to
update your Will. But if you do not want to leave anything
to your partner, then you may not have to change your
Will.
In addition, there a few legal realities to bear in mind:
• if you enter into an AIR agreement with your partner,
any previous Will that you signed (unless it was made
“in contemplation” of the specific AIR agreement being
entered into) will be void: so you may have to rewrite
your Will; and
• even if you do not enter into an AIR agreement, if
your new partner meets the legal definition of an Adult
Interdependent Partner, you may have a legal duty to
support him/her after your death if s/he depended on
you for support (so even if you leave him/her nothing
in your Will, that can be challenged). S/he would have
to apply to a court for support.
For more information on Wills, see the list of resources at
the back of this booklet and consult a lawyer.
Will I need to change my Will if I marry my new
partner?
You should think very carefully about what
Yes. Marriage revokes any previously made Will
(unless that Will was made “in contemplation” of the
marriage). It is also important to remember that marriage
gives your new spouse some rights that exist no matter
what you say in your Will (i.e.: if you try to leave him/her
nothing, s/he may nonetheless be able to apply to a court
to receive some of your property) .
For more information on Wills, see the list of
resources at the back of this booklet and consult a lawyer.
you want to happen to your property before
you change your Will. You should consult a
lawyer to canvass the all of the options and tax
implications and to determine what is best in
your particular situation.
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I want to change my Will, but my children
from my first marriage do not want me to
do so. Can they stop me from making the
changes I want to make?
I want to write a new Will that ensures that,
should I die first, my new spouse is taken care
of, but I don’t want my children to lose their
inheritance either. Is there something I can do
to achieve this?
In general, no, they cannot. The only time that a
surviving spouse is prohibited from changing his/her Will
is if the spouses’ Wills were “Mutual Wills”. A Mutual
Will contains a clause that specifically says that neither
the husband nor the wife will change the Will should he
or she become widowed. Your Will won’t have that clause
unless you specifically directed your lawyer to include it
when the Wills were drafted.
Regardless of what the law says, you should think very
carefully about what you want to happen to your property
before you change your Will. Much of the time, the
Wills made by two spouses are mirrors of each other, in
the sense that the spouses leave everything to each other,
then follow the same distribution for when both of them
are gone (often to their children). However, once the first
spouse passes away, there is nothing stopping the surviving
spouse from changing his/her will – and this can include
re-marrying and leaving everything to the new spouse.
Family members are often surprised and dismayed at this
possibility: the concern is that the new spouse will not
be as interested in the children from the first marriage,
and those children will never inherit any of their parents’
money. Instead, a completely different set of children
(namely those of the new spouse) may inherit the money.
Yes. There are numerous options, including:
• leaving part of your estate to your children, and part to
your new spouse;
• leaving some, or all, of your estate in a trust that would
last for the lifetime of your new spouse. Depending
on how you set up the trust, you could choose to
provide money for the spouse to live on, while keeping
the capital of the estate intact. On the death of your
new spouse, the capital would be divided among your
children; and
• transferring some assets to your children while you are
still alive, unless you still need those assets yourself.
You should consult a lawyer to canvass all of the options
and tax implications and to determine what is best in
your particular situation. Be very open with your lawyer
about your concerns, fears and goals. Often there are ways
of addressing all of these issues, but only if you tell your
lawyer about them.
I moved in with my new partner about a
year ago. What can I do if I think that my new
partner is stealing from me?
Stealing is abuse. Research shows that older women
and men are more likely to be abused by someone they
are close to rather than by a stranger. Often people are
ashamed to speak out or ask for help if their partner is
stealing from them. Sometimes they think that no one
will take the abuse seriously because it is happening in a
relationship. But all abuse is wrong and unacceptable.
If someone is abusing you, there are several things you
can do to get help, including the following:
• If you feel safe doing so, talk to the abuser about your
feelings.
• Talk to your doctor, counsellor, or someone in your
faith community.
• Talk to a close friend or a family member.
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• Leave the abusive situation and go somewhere safe,
such as the home of a family member or friend, a
shelter or a transition house, or a hotel..legalinfo.org
• If you have been harmed or threatened, or you are
afraid, call your local police, tribal police, or the
RCMP. If it is an emergency, call 911. Local resources
and support are also available in some communities,
including:
–– Calgary Kerby Elder Abuse Line
Phone: 403-705-3250 (24 hours)
–– Edmonton Seniors Abuse Help Line
Phone: 780-454-8888 (24 hours)
–– Lethbridge Senior Citizens Organization
Phone: 403-320-2222 (Ext 25)
–– Medicine Hat Community Response to Abuse &
Neglect of Elders (CRANE)
Phone: 403-529-4798.
–– Red Deer Seniors Outreach Abuse Resources
(S.O.A.R.) - Seniors Abuse Resource Information
Line (24 Hours)
Phone: 403-341-1641 and ask to speak to an
advocate.
–– Alberta Family Violence Info Line
Phone: 310-1818 toll-free (24 hours) for
information, advice and referrals.
• Learn more at the Older Adult Knowledge Network:
My mother lives with her ‘friend’ in a publiclyfunded assisted living facility. I think that she is
being financially abused by her partner. What
can I do?
Talk to your parent or relative. Let them know that you
are available to help. Learn more about the topic and what
you can do to help at the Older Adult Knowledge Network:
www.oaknet.ca.
In addition, the Alberta Protection for Persons in Care
Act, makes it a requirement to report any suspicion of abuse
by the staff in care facilities to a toll-free reporting line or
local police authorities. Call: 1-888-357-9339.
www.oaknet.ca
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What Do the Words Mean?
adult
interdependent
partner
a person with whom you are in an adult interdependent relationship.
adult
interdependent
relationship
a term unique to Alberta and governed by the Alberta Adult Interdependent Relationships Act. It is a “relationship of
interdependence” as a relationship outside of marriage where two people: share one another’s lives; are emotionally
committed to one another; and function as an economic and domestic unit. To meet these criteria, the relationship need
not necessarily be conjugal (sexual). It can be platonic. There are two possible ways for such a relationship to exist.
• If you have made a formal and valid adult interdependent partner agreement with the other person (two people
that are related by either blood or adoption must enter into such as agreement in order to be considered adult
interdependent partners); or
• If you are not related by either blood or adoption and if you have:
–– lived with the other person in a “relationship of interdependence” for at least three continuous years; or
–– lived with the other person in a “relationship of interdependence” of some permanence where there is a child of the
relationship (either by birth or adoption).
agent
a person designated in a Personal Directive to make personal decisions on behalf of the maker.
assets
what you own. Assets can include things such as money, land, investments, and personal possessions such as jewellery
and furniture.
attorney
a person who is empowered to act on behalf of the donor under a Power of Attorney. This person does not have to be a
lawyer.
beneficiary
a person or organization that you leave something to in your Will.
co-habitation
agreement
a written agreement between you and your partner that sets out your rights and responsibilities to each other.
debts
what you owe. These can also be called “liabilities” and may include credit card balances, loans, and mortgages.
donor
a person who gives a Power of Attorney.
Enduring Power
of Attorney
covers your financial affairs and allows the person you name to act for you even if you become mentally incapable. It can
either:
• take effect immediately upon signing and continue if you become incapable of managing your financial affairs; or
• take effect only upon you becoming incapable of managing your financial affairs, or some other specified event (this is
also known as a “Springing” Power of Attorney”).
executor
the person you name in your Will who is responsible for managing your estate and for carrying out the instructions in the
Will.
joint tenancy
a type of ownership where any two or more persons (related or not) may equally own property and the property passes
to the survivor or survivors on the death of one (without flowing through the estate of the deceased).
maker
a person who makes a Personal Directive.
Personal
Directive
a written, signed, dated and witnessed document that appoints someone else to look after your personal, non-financial
matters (such as health). It allows you to determine in advance who will make personal (non-financial) decisions on your
behalf if, due to illness or injury, you ever lose the mental ability to make these decisions for yourself.
Power of
Attorney
a written, signed, dated and witnessed document that gives someone else the right to act on your behalf with respect
to your financial affairs. This can include paying bills, depositing and investing money on your behalf, and even selling
your house. The Power of Attorney may be for a definite, specific act, or it may be general in nature. It may take effect
immediately (Immediate Power of Attorney), can continue upon mental incapacity (Enduring Power of Attorney), or can
come into effect only upon incapacity or some other event (Springing Power of Attorney).
spouse
a person to whom one is legally married.
tenancy in
common
a type of ownership where any two or more persons (related or not) own property, but, unlike joint tenancy, the shares
need not be equal, and there is no right of survivorship (on the death of an owner, the share does not flow to the other
tenant in common, but rather, flows through the estate of the deceased tenant).
testator
a person who has made a Will.
Will
the legal statement of a person’s last wishes as to the disposition of his or her property after death.
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More Information
The Legal Resource Centre
The Legal Resource Centre is a non-profit organization
whose purpose is to provide Albertans with reliable
information about their rights and responsibilities
under the law.
Alberta Arbitration and Mediation Society:
www.aams.ab.ca
Alberta Seniors and Community Supports:
www.seniors.alberta.ca/
Legal
Resource
Centre
of Alberta
Legal
Resource
Centre
of Alberta
Federal Allowance Program:
www.servicecanada.gc.ca/eng/isp/pub/oas/allowance.shtml
#201 10350 – 124 Street
Edmonton, AB T5N 3V9
Phone: 780.451.8764
Fax: 780.451.2341
Email: info@legalresourcecentre.ca
Government of Alberta: Getting remarried after Divorce:
www.programs.alberta.ca/Living/5962.
aspx?Ns=364+6229&N=770
www.legalresourcecentre.ca
Health Canada – information sheets for seniors:
www.hc-sc.gc.ca/hl-vs/iyh-vsv/seniors-aines-eng.php
Old Age Security:
www.servicecanada.gc.ca/eng/isp/pub/oas/oas.shtml#one
The LRC gratefully acknowledges
The Older Adult Knowledge Network:
Alberta Law Foundation
www.oaknet.ca
This website offers planning booklets for Making a Personal
Directive, Making a Power of Attorney and Making a Will.
The People’s Law School, Vancouver, BC
Pension benefits for Alberta:
Legal Info Society of Nova Scotia
jsp?cat=687&lang=eng&geo=109
Justice Canada
http://www.seniors.gc.ca/s.2.1rchcat@.
Royal Canadian Mounted Police – Seniors Guidebook to
Safety and Security
http://www.rcmp-grc.gc.ca/pubs/ccaps-spcca/seniors-aineseng.htm
The Legal Resource Centre of Alberta has a number of other
publications that may also be of interest:
• Making a Will
• Making a Personal Directive
• Making a Power of Attorney
• Being an Executor
• Being an Attorney
• Being an Agent
• Grandparents’ Rights
• Alberta Adult Guardianship and Trusteeship Act
• Planning Your Own Funeral
• Being a Guarantor
To order our publications, visit our website at
www.legalresourcecentre.ca
You should not rely on this booklet for legal advice. It provides
general information on Alberta law only.
June 2011
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