Personal Directives in Alberta: Planning for Future Personal Care Decisions
Most people understand the importance of having a will, but estate planning involves more than deciding what happens to your assets after death. It also includes planning for situations where you are alive but unable to make decisions for yourself.
A Personal Directive is one of the most important estate planning documents available in Alberta. It allows you to appoint someone you trust to make personal decisions on your behalf if you lose the capacity to make those decisions yourself.
This blog explains what a Personal Directive is, why it matters, and how it fits into a comprehensive estate plan.
What Is a Personal Directive?
A Personal Directive is a legal document governed by Alberta’s Personal Directives Act. It allows you (known as the maker) to appoint another person (known as an agent) to make personal decisions for you if you become incapable of making those decisions yourself.
Unlike a will, which only takes effect after death, a Personal Directive operates during your lifetime if you lose capacity due to illness, injury, or cognitive decline.
What Decisions Can an Agent Make?
Your agent may be authorized to make a wide range of personal decisions, including:
Medical and healthcare decisions;
Decisions regarding living arrangements;
Decisions about personal care and support services;
Educational or training decisions;
Decisions relating to social and recreational activities;
Other non-financial personal matters.
You may provide specific instructions regarding your wishes, values, religious beliefs, medical preferences, or end-of-life care.
What Decisions Cannot Be Made Through a Personal Directive?
A Personal Directive does not authorize an agent to manage your finances or property.
Financial decisions are generally addressed through an Enduring Power of Attorney, which allows an attorney to manage your property and financial affairs if you lose capacity.
Together, a Personal Directive and an Enduring Power of Attorney form a critical part of a complete incapacity planning strategy.
When Does a Personal Directive Take Effect?
A Personal Directive does not automatically take effect immediately after signing.
Instead, it generally becomes effective when you lose the capacity to make your own personal decisions. The document may outline how incapacity is determined, which often involves assessments by healthcare professionals.
Until that point, you continue making your own decisions.
Who Should You Choose as Your Agent?
Selecting the right agent is one of the most important decisions in the process.
Your agent should be:
Someone you trust completely;
Willing to take on the responsibility;
Able to remain calm during difficult situations;
Capable of communicating with healthcare providers and family members;
Familiar with your values and wishes.
Many people appoint a spouse, adult child, sibling, or close friend. You may also appoint alternate agents in case your first choice is unable or unwilling to act.
Before naming someone as your agent, it is advisable to discuss the role with them and ensure they understand your expectations.
What Happens If You Do Not Have a Personal Directive?
If you lose capacity without a Personal Directive in place, your loved ones may face significant challenges when attempting to make decisions on your behalf.
In some situations, family members may need to apply to the court for authority to make personal decisions. This process can be time-consuming, costly, and stressful during an already difficult period.
Having a Personal Directive in place can help avoid uncertainty and provide clear guidance regarding who should make decisions for you.
Can a Personal Directive Be Changed?
Yes.
As long as you remain mentally capable, you may revoke or update your Personal Directive at any time.
Life circumstances often change. Marriage, divorce, the birth of children, relocation, or changes in relationships may all be reasons to review your estate planning documents.
Many individuals benefit from reviewing their estate plan every few years to ensure it continues to reflect their wishes.
Personal Directives and Advance Care Planning
A Personal Directive can also serve as an important part of advance care planning.
Many people use their Personal Directive to communicate their preferences regarding:
Medical treatment;
Long-term care arrangements;
End-of-life care;
Religious or cultural considerations;
Quality-of-life priorities.
Providing clear instructions can help reduce uncertainty and ease the burden on loved ones during difficult times.
A Personal Directive Is an Important Part of Every Estate Plan
Estate planning is not only about planning for death—it is also about planning for life.
A Personal Directive allows you to maintain control over important personal decisions even if you become unable to communicate your wishes in the future. By appointing a trusted agent and providing clear instructions, you can help protect your interests and provide guidance to those who may need to act on your behalf.
At Summit Point Law, we assist clients with Personal Directives, Enduring Powers of Attorney, and comprehensive estate planning. Whether you are preparing your first estate plan or updating existing documents, obtaining legal advice can help ensure your wishes are properly documented and legally effective.
Contact Summit Point Law
If you would like assistance preparing a Personal Directive or creating a complete estate plan, contact Summit Point Law to discuss your options and ensure your future wishes are protected.