What is a Personal Directive?

A Personal Directive is a legal document in Alberta that allows you to appoint someone, known as an "agent," to make personal decisions on your behalf if you become mentally incapable of doing so.

This document covers non-financial matters such as health care, living arrangements, and other personal choices. It ensures that your wishes are followed in situations where you are unable to communicate or make decisions due to illness, injury, or cognitive decline.

A personal directive only takes effect when a medical professional (or your designated individual) determines that you no longer have the capacity to make your own decisions. Until that time, you remain in full control of your affairs.

Unlike a Will, which takes effect after death, a personal directive is specifically for situations where you are alive but incapacitated. It can include detailed instructions on medical treatments you would or would not want, where you would prefer to live, and who should advocate for your well-being.

Having a personal directive in place prevents the need for family members to apply for a court-appointed guardianship, which can be a costly and time-consuming process. It also gives you peace of mind knowing that someone you trust will be making decisions based on your values and preferences.

In Alberta, if you do not have a personal directive and become incapacitated, decisions about your personal care may be left to a government-appointed decision-maker under the Adult Guardianship and Trusteeship Act. By creating this document, you retain control over your future, even when you cannot speak for yourself.

If you are interested in creating a personal directive you can contact our team at Varsity Law.