A personal directive is a legal document that allows you to name a person or persons who can make personal decisions for you if you become mentally incapable of making them yourself. Personal decisions that include health care, living arrangements, social activities, and personal care should be included.
A personal directive is also a way to express your wishes and values about these matters in advance so that your decision-maker and healthcare providers can respect them if they ever need to act on your behalf.
This blog post will provide information on how to make a personal directive, what to include in it, and how to register it with the government. It will also answer some frequently asked questions about personal directions and provide some resources for further guidance.
How to make a Personal Directive
To make a personal directive, you need to be at least 18 years old and have the mental capacity to understand the nature and effect of your document. You also need to follow these steps:
- Choose a decision-maker (or more than one) willing and able to act on your behalf if needed. You can also name an alternate decision-maker if your first choice is unavailable or unwilling. Your decision-maker should be someone you trust, who knows you well and respects your wishes and values.
- Write down your wishes and values about personal matters, such as what kind of health care you want or refuse, where you would like to live, how you would like to be cared for, etc. You can be as specific or as general as you want but try to cover different scenarios and situations that may arise. You can also include any religious or spiritual beliefs that may influence your decisions.
- Sign and date your document in front of two witnesses who are at least 18 years old and unrelated to you or your decision-maker. Your witnesses must also sign and date your record. Alternatively, you can sign your document in front of a lawyer or a notary public who will also sign it.
- Give a copy of your document to your decision-maker, your alternate decision-maker (if any), your family doctor, and any other healthcare providers or facilities that may be involved in your care. You should also keep a copy in a safe place where it can be easily found.
- Review and update your document regularly, especially if there are any changes in your health, personal situation, or preferences. You can revoke or change your document at any time as long as you still have the mental capacity to do so.
How to Register your Directive
You can register your directive with the government for free by filling out a form and sending it with a copy of your document to the Personal Directive Registry. The registry is a secure database that stores information about personal directives in the province. By registering your document, you make it easier for healthcare providers and others to find out if you have a personal directive and who your decision-maker is.
Each province and territory in Canada has laws and regulations regarding personal directives. Some provinces, such as Alberta, British Columbia, and Quebec, have specific legislation that governs the creation and use of personal directives. Other provinces, such as Ontario and Nova Scotia, have general legislation covering personal and property decisions. Some provinces, such as Manitoba and New Brunswick, have separate legislation for health care decisions and other personal matters.
The requirements for making a valid personal directive may vary depending on the province or territory where you live or where your directive will be used. For example, some jurisdictions may require witnesses, signatures, dates, or specific forms to make a personal directive. Others may allow more flexibility in expressing your wishes and who you appoint as your agent.
It is essential to check the laws and regulations of your province or territory before making a personal directive. You can find more information about the provincial and territorial privacy laws and oversight on the Office of the Privacy Commissioner of Canada website. You can also find free living will templates for different provinces on the LawDepot website. For more information about personal directives in Alberta, you can visit the Open Government website.
You can find the registration form and more information about the registry on the government website: Advance planning | Alberta.ca
Frequently asked questions
What is the difference between a personal directive and a power of attorney?
A directive is for personal decisions, while a power of attorney is for financial decisions. A power of attorney allows you to name someone who can manage your money and property if you become mentally incapable of doing so yourself. You can make both documents separately or together, depending on your needs.
What happens if I don’t have a Personal Directive?
If you don’t have a personal directive and become mentally incapable of making personal decisions, the law will decide who will make them for you. This could be a family member, a friend, or a public guardian appointed by the court. They may not know or follow your wishes and values, and they may not be the person you would have chosen yourself.
How do I know if I have the mental capacity to make a Personal Directive?
Mental capacity is the ability to understand the nature and consequences of your decisions. It is not a fixed state but may vary depending on the situation and the type of decision. For example, you may have the capacity to decide what to wear or eat but not to consent to major surgery or move into a long-term care facility.
To make a personal directive, you need to have the mental capacity to understand what it is, who your decision-maker is, what kinds of decisions they can make for you, and how they can access your wishes and values. If you are unsure about your mental capacity, consult your doctor or a lawyer before making a document.
Can I change or revoke my directive?
Yes, you can change or revoke your directive at any time as long as you still have the mental capacity to do so. To change your document, you must make a new one that replaces the old one. To revoke your document, you need to write a statement that says you are revoking it, sign and date it in front of two witnesses or a lawyer or a notary public, and give a copy to your decision-maker and anyone else who has a copy of your document. You should also notify the Personal Directive Registry if you have registered your document.
How do I make a complaint or report abuse?
If you have a concern or complaint about how your decision-maker is acting on your behalf, or if you suspect they are abusing or neglecting you, you can contact the Office of the Public Guardian and Trustee. They can investigate the situation and take appropriate action, such as providing education, mediation, or supervision or applying to the court to remove or replace your decision-maker.
You can find more information about the Office of the Public Guardian and Trustee and how to contact them on their website: About the OPGT | Alberta.ca