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PERSONAL DIRECTIVE
A LIFELINE FOR THE NOW
A Personal Directive is a legal document for use during life, authorizing a person (Agent) of your choosing to care for your personal health matters and dependents, to take effect when you become unable to speak for yourself due to injury or sickness. This document is not required by law as at the legal age of 18 the law automatically becomes the first authorized line of defense (Parents think about this). However, if you would like to choose who you would like to speak for you and make decisions in case of an emergency, you will need a Personal Directive prepared in advance when you are mentally competent to understand what you are authorizing to take effect when needed.
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The law in Alberta does not allow for another person to make health related decisions or have access to medical information unless there is a written, signed, dated and witnessed Personal Directive. Let’s be very clear, this means not a parent, spouse, adult interdependent partner or close relative has this legal authority, quickly bringing frustration to a whole new level. The last thing any concerned person needs to find out during an already stressful time is that they will have to make a Guardianship Application under the Alberta Guardianship and Trusteeship Act to become your guardian. A court process which will be stressful, lengthy (possibly months) and costly. Families may end up in disagreements and authority may not be given to someone you may have chosen. What would you prefer the voice of a stranger or someone who knows you?
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If you so choose to have a Personal Directive, your Agent will have the authority to make all health care decisions regarding any care, treatment, or service to provide for your personal care.
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Give your loved the freedom from the potentially unbearable burden of wondering, on top of grieving, if they’re doing “the right thing” with your medical care. A Personal Directive designates the plan of action for your life or your end of life, based on your beliefs, values and most personal wishes, and ensures that a plan gets implemented without guessing or disagreements. Simplify life for your loved ones from the potentially unbearable burden of wondering, on top of grieving, if they’re doing “the right thing” with your medical care. No one likes to be left in the dark.
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In Alberta, the Personal Directive Act has been in effect since 1997. This Act gives you the right to make decisions about your own health care. A Personal Directive may be made by anyone who is at least 18 years of age and who is presumed to understand the nature and effect of the Personal Directive.
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PEP - Prepared
Future
Secured
Protect
Live
Health
Together
Life Happens
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How to choose an Agent?Ask in advance if a person would be willing to act on your behalf, please note Agent must be over 18 years of age. Choose an alternate Agent in case your first Agent cannot act for you. Consider if the person is trustworthy, responsible and knows you well enough to understand and interpret your directions. Will make sure you have everything you need and has a good understanding of your wishes, beliefs and values so they can better represent you. You can have one Agent or more. They can act together (jointly), or you can have them act separately as well as together (severally and jointly). If you have more than one Agent acting at a time, how would you want to solve any disagreements? Be aware that naming multiple Agents may make things more complicated. Have a conversation with your Agent and be sure to make notes.
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What should I do with my Personal Directive once completed?Put in a safe place, be sure to let your Agent know where for quick access when needed. Give an original signed copy to your Agent, but document who you give copies to. You may wish your doctor to have a copy. You can register a copy with the Alberta Personal Directives Registry. Health care professionals will be able to access it more quickly. >>> https://open.alberta.ca/publications/personal-directive-registry
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Does marriage or divorce void a Personal Directive?No. Please review and keep up to date.
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How and when does my Personal Directive take effect?When you have been declared mentally incapacitated by your Agent and a Physician, and both parties have signed a Declaration of Incapacity Form.
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An Agent’s Responsibilities?Confirm that the Personal Directive is in effect. Consult with you. Follow instructions provided by you in your Personal Directive. If there are no clear instructions relevant to a particular situation, make the decision they feel you would make based on the knowledge of your wishes, beliefs and values. If they do not know your wishes, beliefs, and values, make a decision based on your best interests. Keep a record of all personal decisions made for the duration of your incapacity, and for two years after.
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How long does a Personal Directive Last?Until you die. You revoke it. You regain capacity. A court determines that it ceases to have effect. Your Agent dies or quits.