Will - Updating Will - Invalid or No Will - Power of Attorney - Personal Directive
MISTAKES to AVOID in your PERSONAL DIRECTIVE
Legally protect 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
Given the significance of a personal directive, which addresses medical and other health-related matters, should you become incapacitated, or otherwise be unable to make decisions for yourself, it is important that you avoid critical mistakes both when creating your personal directive and when your personal directive is put into effect, including:
A. Not Discussing Your Wishes
Completing the document without having an in-depth conversation with the person you've named as your Agent (or representative/attorney-in-fact) and other close family members.
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The Fix: Communicate openly and often.
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Talk to your Agent: Explain your values, your quality-of-life thresholds, and your specific wishes regarding things like life support, pain management, and feeding tubes. The document itself is a guideline; your conversation gives them the context needed to make difficult, nuanced decisions.
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Inform your family: While your Agent is the decision-maker, inform your close family members (spouse, children, etc.) about the existence of the document and the general scope of your wishes. This can prevent conflict and confusion at the bedside.
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B. Choosing the Wrong Agent
Naming someone based solely on relationship (e.g., your oldest child) without considering their character, proximity, or willingness to act.
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The Fix: Choose wisely and name alternates.
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Select based on suitability: Your Agent should be someone who is level-headed, able to stand firm under pressure, lives nearby (if possible), and is willing to follow your wishes - even if they personally disagree with them.
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Name Successors/Alternates: Always name at least one or two alternate Agents in case your primary choice is unavailable, unwilling, or unable to act when the time comes. If you don't, the court may have to appoint someone, which is time-consuming and expensive.
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C. Not Being Specific Enough
Using vague language or simply signing a pre-printed form without filling in the sections that detail your actual wishes.
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The Fix: Be clear about your values and treatments.
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Define "Quality of Life": Don't just say you want "no extraordinary measures." Define what quality of life means to you. What is an acceptable state of health versus a state where you would prefer comfort care?
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Address Specific Treatments: Clearly state your preferences regarding life-sustaining treatments like: Mechanical ventilation (life support), Cardiopulmonary resuscitation (CPR), Artificial nutrition and hydration (feeding tubes), Dialysis Antibiotics/antivirals.
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D. Not Following Legal Formalities
Signing the document without the required witnesses or having a witness who is legally ineligible. This can invalidate the entire document.
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The Fix: Follow the law to the letter.
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Check your local laws: Laws about who can witness a document vary by province. Generally, the Agent, their spouse, or a healthcare provider involved in your care cannot be a witness.
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Ensure Proper Execution: Have the document signed, dated, and witnessed exactly as required by the laws in your jurisdiction. The value of engaging an experienced lawyer cannot be overstate, in particular as it relates to ensuring all formalities are satisfied.
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E. Storing the Document Poorly (or Not at All)
Signing the document and then filing it away in a safe deposit box or a personal safe that no one else can access, especially on a weekend or during an emergency.
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The Fix: Ensure it's accessible when needed.
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Give copies to everyone who matters: your primary Agent and all alternates; your primary care physician to keep in your medical file; other close family members (if appropriate).
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Keep an accessible original: Keep the original document in an easily accessible, but secure, place at home, and inform your Agent exactly where it is.
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F. Never Reviewing or Updating It
Creating a Personal Directive in your 30s and assuming it will remain relevant and accurate throughout your life.
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The Fix: Treat it as a living document.
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Review periodically: Review the document every 3 to 5 years or whenever a major life event occurs, such as: diagnosis of a serious illness; divorce or death of a spouse/partner; the Agent you named is no longer willing or able to serve; major changes in medical preferences.
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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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