Personal Directives in Alberta
March 30, 2025 | Advance Planning, Paralegal
Planning for Your Future Personal Care Decisions.
In Alberta, the personal directive is a crucial legal document that allows you to appoint someone you trust to make personal, non-financial decisions on your behalf if you become incapable of making those decisions yourself due to illness or injury. It is a cornerstone of advance care planning, ensuring your wishes regarding your health care, living arrangements, and other personal matters are respected even when you cannot communicate them directly.
Every adult in Alberta aged 18 or older should consider creating a personal directive. Without one, if you lose capacity, you will not have the choice of who makes these important personal decisions for you. Instead, a healthcare provider might select your nearest relative, or your family might need to go to court to obtain guardianship, a process that can be time-consuming and costly.
Key Aspects of a Personal Directive
A personal directive in Alberta:
- Is a written, signed, dated, and witnessed legal document. It becomes legally binding once these requirements are met.
- Appoints one or more individuals, known as your agent(s), to make personal decisions for you. You can also name alternate agents in case your primary agent is unable or unwilling to act.
- Only comes into effect if you are deemed to lack the capacity to make your own personal decisions. This determination is typically made through a capacity assessment by a designated person named in your directive or by a physician or psychologist.
- Allows you to provide specific instructions and wishes for your agent to follow. This ensures your values and preferences guide their decision-making. For instance, you can include specific instructions about end-of-life care, such as a preference for no resuscitation.
Deals with personal and non-financial matters, such as:
- Medical treatments you consent to or refuse. For example, you can specify whether you would want life-sustaining treatments or prefer comfort care.
- Where you would like to live, whether it’s at home, in a supportive living facility, or a long-term care centre.
- Who you would like to live with and associate with.
- Participation in social, recreational, educational, and employment activities.
- Any other personal and legal decisions that are not related to your finances.
Creating a Personal Directive
Creating a personal directive involves several important steps:
- Choosing your agent(s): Select someone you trust implicitly, who knows you well, understands your values, and is willing and able to act on your behalf. It’s crucial to discuss your wishes with them beforehand.
- Documenting your wishes: You can use a standard personal directive form available from the Government of Alberta or other legal resources, or you can create your own document. Clearly outline who you want your agent(s) to be and any specific instructions or preferences you have regarding your future personal care.
- Signing and witnessing: You must sign and date your personal directive in the presence of a witness, and the witness must also sign in your presence. The witness must be an adult (18 years or older) who is not your spouse or adult interdependent partner, not your agent, and not the spouse or adult interdependent partner of your agent.
- Making copies: Provide copies of your signed personal directive to your agent(s), your family doctor, and any other relevant individuals. Keep the original in a safe but accessible place. You can register your personal directive with the Office of the Public Guardian and Trustee (OPGT), which can help healthcare providers identify your agent in an emergency.
Personal Directive vs. Enduring Power of Attorney
It’s important to distinguish a personal directive from an enduring power of attorney. While both are crucial advance planning documents, they serve different purposes. A personal directive deals with personal and healthcare decisions, whereas an enduring power of attorney allows you to appoint someone to manage your financial affairs if you become incapable. It is highly recommended to have both documents in place for comprehensive protection of your future well-being.
Revoking or Changing a Personal Directive
You can revoke your personal directive at any time as long as you have the mental capacity to do so. Revocation can be done by creating a new personal directive, by a written statement clearly indicating your intention to revoke it, by destroying the original document, or as specified within the directive itself (e.g., upon a certain date or event). If you wish to make changes to your existing personal directive, you should create a new one and clearly state that it revokes any previous directives.
In conclusion, a personal directive is a vital tool for all adults in Alberta to ensure their personal care wishes are known and respected if they ever lose the capacity to make decisions for themselves. By taking the time to create this document, you can maintain control over your future and provide peace of mind for yourself and your loved ones.
The contents of this page are provided as general information only. It is not legal advice. If you have a legal problem, you should consult a lawyer.
