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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

A personal directive is an important legal document that allows you to provide directions related to your personal care should you not be capable of making those personal decisions for yourself at sometime in the future. As such, it empowers the person (or persons) identified in the legal document, often referred to as your agent, to make decisions of a non-financial nature while you are still alive, yet incapable of making those decisions for yourself.

The personal directive only comes into effect when you become incapable of making your own decisions, thus lacking mental capacity, which may require confirmation from medical professionals, and comes to an end upon one’s death. Critical to the personal directive being legally operative is that it must conform to the laws and statutes of the jurisdiction which has control and oversight of the impacted person, such that in Alberta it must be written, signed, dated and witnessed, among other legal and statutory requirements, namely the Alberta Personal Directives Act [more on Alberta requirements].

In the absence of a Personal Directive, you and your loved ones can face some very significant difficulties and risks, including:

A. Loss of Control Over Your Personal Decisions

  • Without a Personal Directive, you lose the ability to choose who will make decisions about your personal care and well-being. Instead of your chosen agent, a healthcare provider might appoint your "nearest relative" to make decisions for you. This person may not be the one you would have preferred or someone who truly understands your wishes [look into key considerations].

B. Need for a Court-Appointed Guardian

  • If you don't have a Personal Directive and a family member or friend wants to make decisions on your behalf, they may have to apply to the court to become your legal guardian. This court process can be lengthy, expensive, and stressful for your family. During the time it takes to get a court order, there may be no one with the legal authority to make important decisions about your personal care [more on dangers without and concerns with court-appointed guardian].

C. Potential for Family Disputes

  • The absence of a clear Personal Directive can lead to conflicts and disagreements among family members about who should be the decision-maker and what decisions should be made. A court-appointed guardian may not be the person you would have chosen, and they might not be fully aware of your values and wishes, potentially leading to decisions that are not in your best interest [more on mistakes to avoid].

D. Financial and Time Costs

  • The process of a family member applying to the court for guardianship can be costly and time-consuming. Having a Personal Directive in place is a proactive and much simpler way to ensure your wishes are respected and that a trusted person is in charge.

E. Distinction from a Power of Attorney and a Will

  • It's crucial to understand that a Personal Directive is a separate and distinct document from a Power of Attorney and a Will, and each serves a different purpose:

    • Personal Directive: Deals with non-financial matters (e.g., health care, living arrangements) while you are alive but unable to make your own decisions.

    • Enduring Power of Attorney: Deals with your financial matters (e.g., banking, paying bills) while you are alive but incapacitated [more on Powers of Attorney].

    • Will: Deals with the distribution of your assets and estate after your death [more on Wills].

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.


What is a Personal Directive

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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