PERSONAL DIRECTIVE
Most people know how important it is to have a Will, but did you realize that writing a personal directive is just as important? Unlike a Will, which takes effect after you die, a personal directive guides personal decisions made on your behalf while you are still living – when you can no longer make decisions on your own. These decisions can dramatically affect your quality of life, such as where you live, how you spend your day and who takes care of your minor children.
A personal directive is a legal document, under the Personal Directives Act, that allows you to name the person(s) you trust to make decisions on your behalf should you lose mental capacity and list the areas in which they have decision-making authority (e.g., health care, residential issues). You can include instructions that you want followed (e.g., refuse blood products), and you can also outline your wishes about other important personal matters like the temporary care and education of children under 18.
The need for a personal directive may be short-term, such as when a severe illness leaves you unable to make decisions for a few days. However, in the event of severe brain injury or a progressive condition like Alzheimer's Disease, a personal directive may be required for the remainder of your life.
In Alberta, writing a personal directive is a choice. You are not required to have one, and it is voluntary. Personal directives are not just for seniors, and anyone over the age of 18 may choose to write a Personal directive.
If you want to choose your decision-maker, write a Personal directive, and name an agent. Otherwise, under the Adult Guardianship and Trusteeship Act, a healthcare provider may select a nearest relative to make decisions for a person assessed as incapable of providing informed consent for health care or temporary residential placement.
To be considered a legal document, the requirements are that your Personal directive must be in writing (by hand, typed or by computer), dated, and signed by you (in the presence of a witness). If you are physically unable to sign the directive, another person must sign on your behalf in your presence and the presence of a witness.
The following persons may not witness the signing of a personal directive, namely: any person you have selected to make decisions on your behalf – called your "agent," the spouse or interdependent adult partner of your agent, your spouse or interdependent adult partner; and the person who signs the directive on your behalf, if you are physically unable, or their spouse or interdependent adult partner.
Although it is not a legal requirement to do so, it is an excellent idea to give a copy of the directive to your agent, physician and to other service providers with whom you are involved (e.g., the director of the nursing home where you live).
If you have questions as you prepare to write your personal directive, please don't hesitate to contact our experienced team at Valley Law Chambers.