Planning for Your Future
March 29, 2025 | Advance Planning, Paralegal
Advance Planning in Alberta.
As Albertans, we value independence and control over our lives. However, there may come a time when we are unable to make decisions for ourselves due to illness or injury. This is where Advance Planning comes into play, allowing you to have a say in your future healthcare and personal care decisions.
What is Advance Planning?
Advance Planning involves making decisions about your future healthcare and personal care while you are still capable of doing so. It’s a way to ensure that your wishes are known and respected if you become unable to communicate them yourself.
Why is Advance Planning Important?
- Maintains your autonomy: By documenting your wishes, you retain control over important decisions even if you lose the capacity to make them in the future.
- Reduces stress for loved ones: Advance plans provide clear guidance for your family and friends, relieving them of the burden of making difficult decisions on your behalf without knowing your preferences.
- Ensures your values are respected: Your advance plan can reflect your personal values, beliefs, and wishes regarding medical treatment, living arrangements, and other personal matters.
- Avoids potential legal complexities: Without an advance plan, decisions may fall to the Public Guardian and Trustee or require court intervention, which can be a lengthy and complex process.
Key Advance Planning Documents in Alberta:
Every adult in Alberta (18 years or older) should consider having the following documents in place:
- Personal Directive: This legal document allows you to appoint someone you trust (an agent) to make personal, non-financial decisions on your behalf if you become incapable of making them yourself. These decisions can include healthcare, living arrangements, and participation in social, recreational, educational, or employment activities. You can also include specific instructions about the types of medical treatment you would or would not want to receive. For example, you might specify that you do not want to be kept alive by artificial means if you are in a permanent vegetative state.
- Enduring Power of Attorney: This legal document allows you to appoint someone (your attorney) to manage your financial affairs if you become incapable of doing so. This can include paying bills, managing investments, and dealing with property. For example, you might authorize your spouse to handle your banking and investments if you are no longer able to manage them yourself.
- Will: While primarily focused on the distribution of your assets after your death, a will is a crucial part of overall planning. It ensures that your property goes to the people you choose and can also name guardians for minor children.
Getting Started with Advance Planning:
- Think about your values and wishes: Reflect on what is important to you regarding your health, personal care, and end-of-life decisions. Resources like the “My Wishes Alberta” workbook can help guide this process.
- Talk to your loved ones: Discuss your wishes with your family and the person you plan to appoint as your agent and/or attorney. Ensure they understand and are willing to take on these responsibilities.
- Choose your agent(s) and attorney(s): Select individuals you trust implicitly to act in your best interests and respect your wishes. You can appoint more than one agent or attorney and specify if they should act jointly or independently.
- Document your wishes: You can use the official Personal Directive form available from the Government of Alberta or consult with a lawyer to create these legal documents. For an Enduring Power of Attorney and a Will, it is highly recommended to seek legal advice to ensure they are legally sound and reflect your intentions accurately.
- Sign and witness your documents: Personal Directives in Alberta require the signature of the maker and a witness who is over 18, not the agent (or their spouse/partner), and not the person signing on behalf of the maker (or their spouse/partner). An Enduring Power of Attorney and a Will also have specific signing and witnessing requirements.
- Make copies and keep them accessible: Provide copies of your advance planning documents to your agent(s), attorney(s), doctor, and keep the originals in a safe but easily accessible place. Consider registering your Personal Directive with the Government of Alberta’s Personal Directives Registry.
- Review and update regularly: Your wishes and circumstances may change over time. It’s important to review your advance planning documents periodically, especially after significant life events, and update them as needed.
Where to Find More Information:
- Alberta.ca – Advance Planning: This website provides comprehensive information on Personal Directives, Enduring Powers of Attorney, and Wills in Alberta, including forms and guides.
- Alberta Health Services – Advance Care Planning: Offers resources and information about advance care planning, including the “Conversations Matter” guidebook.
- Covenant Health – Plan Ahead: Provides tools and resources for advance care planning, including the “My Wishes Alberta” workbook.
- Centre for Public Legal Education Alberta (CPLEA): Offers booklets and information sheets on Personal Directives and Enduring Powers of Attorney.
Planning for the future is a thoughtful and responsible step that empowers you and provides peace of mind for you and your loved ones. Take the time to explore your options and put your wishes in writing today.
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.
