Active Professional Paralegal Service Highlights

Alberta is experiencing a severe worker shortage!

Active Professionals team has knowledge and experience in the following:

• Last Wills and Personal Care Directives (Living Wills)
• Enduring Power of Attorneys
• Uncontested Divorces
• Affidavits and Statutory Declarations
• Agreements (pre-nuptial, co-habitation, separation, and others)
• Landlord and Tenant Matters
• Provincial Court (Civil) Claims
• Canadian Pardons Applications
• Travel Documents for Refugee
• Spousal Land Transfers
• Travel Consent when one parent is traveling with children
• WCB matters
• EI Appeal
• Social Benefits Advocacy including but not limited to Albert Social Welfares, Canadian Pensions, Widow Pensions and Disability Pensions
• Resume Preparation
• Educational Agents - Assistance for admission to any school, college and university in Canada and U.S.
• Commissioner for Oaths Services ( Alberta and Saskatchewan) - Including but not limited to the following services:
• Acting as a Commissioner for Taking Affidavits
• Administering Oaths and Affirmations
• Administering Solemn Declarations
• Affirmations Administered
• Certification of Government Forms / Signatures
• Certify Proof of Loss
• Certify Consent to Travel Documents
• Certify Photographs
• Certify Copies of Powers of Attorney
• Certify Signatures
• Change of Name Application
• Commission of Forms & Declarations
• Commission of Licensing Applications
• Commission of Single Status Statutory Declaration
• Common Law Union Statutory Declaration Commissioned
• Damaged Passport, Destroyed Passport and/or Lost Passport - Statutory Declaration
• Land Transfer Signing
• Licensing Application
• Parent Consent Letter
• Passport Applications – in Lieu of Guarantor
• Permanent Resident Card Application – in Lieu of Guarantor
• Postgraduate Education Application
• Professional Applications
• Single Status Affidavit
• Solemn Declarations Taken
• Swearing of Declarations
• Sworn Statement
• Witnessing of Signatures
• Any other forms says Commissioner for Oaths Signatures

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Looking for a service not listed here? Do not Hesitate to contact Active Professional and we may be able to help, if not, we can find appropraite specialists free of charge.

Brief Explanation of Frequently Asked Categories

Last Wills

A will is a written document that details how you want your assets distributed after your death. The will has to be validly prepared, signed and witnessed. The will also appoints executors, trustees as well as guardians of children. Ensure your wishes are respected with a properly drafted will.

The cost of a will is not high, compared with the headaches and confusions that may result from the death of beloved if there is no will (intestacy) left for loved ones or if the will is badly drafted.

Personal Directives (Living Wills)

 “Living wills” created prior to Dec 1, 1997 have been replaced with “personal directives”, any reference to health care or personal care in an enduring power of attorney have also been rendered invalid by the new law.  

Personal Care Directives

Many Albertans are concerned that their wishes regarding future personal care may not be carried out if they become incapable of expressing those wishes. By creating a document called a “Personal Care Directive”, individuals can create specific, enforceable instructions regarding medical interventions, health treatments and other related issues. A personal care directive will become and remain enforceable only if the person is incapable to make decisions for themselves. 

 

Makers of such documents can:

• Appoint an agent to make all necessary decisions relating to their health care and other personal matters should they become incapable of making these decision for themselves.
• The agent may or may not be the same person appointed to act in other legal capacities, such as an attorney under an enduring power of attorney.
• Provide direction relating to such issues as accommodation (e.g. the wish to remain in one’s home for as long as possible).
• Give specific instructions regarding the treatment or management of a particular disease.

What personal directives exclude:

 

• Personal Directives do not deal with tissue transplantation or research.
• Matters relating to cremation or funerals.
• Please note that financial matters are dealt with in a will or an enduring power of attorney, not in a personal directive.  

Enduring Powers of Attorney

A power of attorney is a written document by which an individual (the donor) grants another (the attorney) the authority to act on his/her behalf with respect to financial matters. 

A power of attorney is different from a will, which provides for the orderly distribution of a person’s estate after death. Generally, a power of attorney terminates on the death of the donor. 

In Alberta, the Powers of Attorney Act permits the granting of an enduring power of attorney, i.e. one that may be exercised after the mental incapacity or infirmity of the donor. It is “enduring” if the donor is an adult of sound mind at the time the power of attorney is signed. An enduring power of attorney will contain a provision that it is to continue notwithstanding any mental incapacity or infirmity of the donor or that it will take effect only on mental incapacity or infirmity of the donor.  

Trust Declarations

More than hundred years ago, a famous American jurist said: “Don’t put your trust in money but put your money in trust”. 

A Trust is an arrangement in which one person (the grantor) transfers his property to a second person (trustee) for the benefit of a third person (the beneficiary). 

Trusts provide protection for everyone. 

 

Advantages of Trusts over Probated Wills

Trusts take less time, ensure privacy, cost less and are more difficult to contest than wills.  Trusts also protect the grantor from creditors. 

Our trained associates can prepare a trust declaration for you confirming that an asset is held in trust for a beneficiary. 

Contracts

A contract is an agreement that the law will enforce. An agreement is essential in addition to other requirements:  

• There must be an offer and there must be an acceptance. These two elements are the core of any contract.
• Both parties must contribute something of value to the contract.
• The parties must intend to be legally bound.
• Both parties must be able to enter into a valid contract. The term usually given to this is “capacity”. For instance, a person under 18 does not have the” capacity” to enter into a valid contract.
• Contracts can be made to employ an independent contractor, sub-contractor an employee or to buy/sell consumer goods.

Whatever contracts are required, Active Professionals can prepare them promptly, accurately and reasonably.

Actions in the Provincial Court (Civil Jurisdiction)

These courts are also known as small claims courts. It is the most expedient way to get judgment for a claim up to $25,000 (the maximum limit in Alberta as of December 2007). Every province has a different maximum limit for Provincial Court. Where a civil claim exceeds the maximum amount the claimant can abandon the remainder or sue in a Superior Court for the entire amount. 

Our trained staff can help prepare your statement of claim using the appropriate form, which must then be served to the defendant. Defenses can also be prepared in the event that a person is being sued in an Alberta Court. 

Our trained associates can act for you in starting a claim or defending an existing claim.

Canadian Pardon

Pardons allow for freedom and second chances. The dictionary defines the word ‘pardon’ as ‘the act of excusing a mistake or offense.’ Though this is a common concept in our daily lives, the word ‘pardon’ encompasses much more than just an act of forgiveness. The word ‘pardon’ is also used to describe the legal process that recognizes a person’s official rehabilitation after they were convicted of a crime.

Everyone who has been convicted of a crime under Canadian law or regulation can apply for a pardon from the Canadian government, except those committing treason or murder. Even those who do not live in Canada or are not Canadian Citizens can receive a pardon.

To be eligible to receive a pardon, a person must have completed all sentences and have waited a certain amount of time after their sentence has finished—three years for summary offences, and five years for indictable offences. The process itself takes anywhere from 18 to 24 months.

The Criminal Records Act states that no government employment form is allowed to ask a question that would require an applicant to reveal a pardoned conviction.

There are many advantages to seeking a pardon for those who have been convicted. The Canadian Human Rights Act forbids any discrimination against an individual who has received a pardon.

U. S. Waiver

A Waiver is a legal document that permits you to enter the U.S. without a problem despite the fact that you have a criminal record. If you have a past criminal record and you’re caught traveling to the U.S. without a Waiver, it is likely that you will be denied an entry to the U.S. You also risk the possibility of being arrested and charged for illegal entry into the U.S. – punishable by being deported and even having your vehicle and/or property confiscated.

U.S. Customs and Immigration Officers now have computer access to the Canadian Police Information Centre (CPIC) database. With new laws being passed, making passports mandatory for Canadian citizens to enter the U.S. can now be seen by these officers, whether or not you have a prior criminal record with the swipe of a bar code. In the past, you may have been able to travel in and out of the U.S. but now with your history on file you could be denied entry based on your criminal record. Many of these cases even relate to criminal records that occurred decades ago – but in the eyes of the law, you’re still inadmissible to the U.S.

The U.S. government takes these cases very seriously. That is why it is important to apply for a Waiver in advance to travel. It will also ensure that you don’t risk the humiliation of being detained and denied entry to the border in front of your family, friends and/or colleagues. Not to mention the fact that it could save you thousands of dollars in non-refundable travel and accommodation fees.

Commissioner for Oaths

A commissioner will generally administer oaths and affirmations and receive affidavits and declarations.

An oath is a solemn appeal to a Supreme Being attesting to the truth of some statement. A person who gives an oath must believe in a Supreme Being who will punish him if he swears falsely.

An Affirmation  can be substituted for an oath. An affirmation is a solemn and formal declaration that a certain statement is true. An affirmation is a binding and effective as an oath.

An affidavit   is a written or printed declaration or statement of facts, made voluntarily and confirmed by oath or affirmation of the party making it, taken before a Commissioner for Oaths or some other person who can administer an oath or affirmation.

A declaration is generally allowed under statues like the Canada Evidence Act or the Provincial Evidence Act and is a written account providing the execution of any writing, deed or instrument of the truth of any fact.

In Saskatchewan there are two types of Commissip>oners for Oaths

Commissioner for Oaths “in & for” Saskatchewan

A person holding an “in & for” commission may administer oaths, take and receive affidavits, delectations, and affirmations within Saskatchewan. These documents are signed “in” the province of Saskatchewan, “for” use in the province Saskatchewan.

Commissioner for Oaths “without” Saskatchewan

A person holding a “without” commission may administer oaths, take and receive affidavits, declarations, and affirmations outside Saskatchewan, for use in Saskatchewan. These documents could be signed outside Saskatchewan (e.g. Alberta, B.C.) but would be returned to Saskatchewan.

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