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A personal directive allows you to decide who should make important personal decisions for you if illness or injury leaves you unable to make those decisions yourself. Putting your wishes in writing can provide clarity for the people you trust and reduce uncertainty during an already difficult time.
Personal Directive
A personal directive is a legal document that allows you to appoint one or more people, known as agents, to make personal decisions on your behalf if you lose the capacity to make those decisions yourself. It only comes into effect if you are determined to lack capacity.
Planning ahead lets you choose someone you trust and guide them on the decisions that matter to you. Richmond Tymchuk Family Law LLP can assist you in considering those decisions carefully and prepare a directive that clearly communicates your wishes.
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A personal directive deals with personal matters rather than financial decisions. Depending on your wishes, it can provide direction about:
You may also appoint more than one agent and specify which decisions each person has authority to make.
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Choosing your agent is one of the most important parts of preparing a personal directive. This person may eventually be asked to make deeply personal decisions at a time when you cannot communicate those choices yourself.
Consider someone who understands your values, can make difficult decisions when necessary and is willing to take on the responsibility. Discussing your wishes with your proposed agent in advance can help them understand what you would want if the directive ever needs to be used.
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These documents serve different purposes.
A personal directive addresses personal matters, including health care, accommodation and other non-financial decisions. An enduring power of attorney deals with financial and legal affairs, such as managing property, accounts and financial responsibilities.
Many people prepare both documents, together with a will, to provide clear instructions for personal decisions, financial affairs, and estate administration.
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Your personal directive does not take away your ability to make your own decisions while you have capacity. It takes effect when a capacity assessment determines that you are unable to make the relevant personal decisions yourself. If you later regain capacity, that can also be formally determined.
A valid Alberta personal directive must be signed by you and an eligible witness. It does not need to be notarized or commissioned. Registration with Alberta’s Personal Directive Registry is optional.
A personal directive gives you the opportunity to decide who you trust and provide guidance about the care and personal decisions that matter to you. At Richmond Tymchuk Family Law LLP, our lawyers help you prepare a clear directive that reflects your wishes and works alongside your broader estate planning documents.
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