Will - Updating Will - Invalid or No Will - Power of Attorney - Personal Directive
ALBERTA REQUIREMENTS for a PERSONAL DIRECTIVE
Ensure your personal directive is valid, so it legally protects your health and medical interests while still alive, yet incapable of acting for yourself due to personal incapacity.
To schedule an appointment, contact our law firm at 403-400-4092 or Chris@NeufeldLegal.com
The principal requirements for a valid Personal Directive in the province of Alberta, requires that you (the maker) ensure that the legal documentation meets the statutory prerequisites (pursuant to the Personal Directives Act (Alberta)):
A. Maker Requirements
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You must be at least 18 years of age.
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You must have the mental capacity to understand the nature and effect of the document when you sign it. This means you must be able to understand what decisions you are allowing your agent to make for you.
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The decision to create the Personal Directive must be made voluntarily, without coercion or undue influence.
B. Agent Requirements
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The person you appoint as your agent must be at least 18 years of age.
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They must be mentally capable of understanding their role and responsibilities.
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It s generally recommended to appoint someone you trust implicitly, as they will have significant power over your health and medical decisions. It is also highly recommended that you discuss your wishes, beliefs, and values with your chosen agent, so they can make decisions that align with what you would have wanted.
C. Witness Requirements
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The witness must be at least 18 years of age and mentally capable.
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The witness must be present when you sign the document.
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A witness cannot be:
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The person you have appointed as your agent.
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The spouse or adult interdependent partner of your agent.
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Your own spouse or adult interdependent partner.
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The person who signs on your behalf if you are unable to do so.
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D. Document Requirements
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In Writing: The Personal Directive must be a written document.
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Dated: It must include the date it was signed.
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Signed and Witnessed: It must be signed by you (the maker) in the presence of a witness. If you are physically unable to sign, another person can sign on your behalf, but they must do so in your presence and the presence of a witness.
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Agent and Witness Signatures: Your witness must also sign the document in your presence. While your agent should acknowledge the appointment, their signature is not a legal requirement for the document's validity.
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Explicit Appointment: The document must clearly state that you are appointing a person (or persons) as your agent to make decisions on your behalf.
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Scope of Powers: You must clearly outline the types of decisions you are giving your agent the authority to make. This can include:
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Health care: Medical treatments, procedures, and end-of-life care (e.g., life support, pain medication).
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Accommodation: Where you will live.
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Personal Matters: With whom you may live and associate, and your participation in social, educational, and employment activities.
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Legal matters: Non-financial legal decisions, such as giving consent for the release of medical information.
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E. Further Considerations of Substantial Consequence
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Activation: A Personal Directive only takes effect when you lose the mental capacity to make decisions for yourself. This is typically determined by a medical professional (e.g., a doctor or psychologist) or as specified in your directive.
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No Financial Decisions: A Personal Directive is strictly for non-financial matters. You must have a separate legal document, a Power of Attorney, to grant someone authority over your financial and property affairs [more on Powers of Attorney].
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Registration (Optional): You can voluntarily register your Personal Directive with the Office of the Public Guardian and Trustee. This makes it easier for healthcare providers to locate the document in an emergency. Registration is not required for the document to be legally valid.
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Legal Advice: While you can create a Personal Directive without a lawyer, it is strongly recommended to consult with one, especially if you have complex instructions or concerns about potential challenges to the document. A lawyer can ensure the document is properly drafted and legally sound.
Whether you are looking to have a personal directive created or require legal representation in the implementation of an incapacitated person’s personal directive, contact our law firm today at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.
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