Part of planning ahead is choosing someone to make personal and health care decisions for you if you are ever unable to make them yourself. In a personal directive, this person is called your agent.
Most people choose a family member or close friend. You can also name someone to decide when you have lost the ability to make your own decisions. This doesn't have to be the same person as your agent.
A personal directive is a legal document you create while you are still able to make your own decisions. It lets you name an agent and leave written instructions about personal matters, including medical treatment, where you live, and other personal and legal decisions, for a time when you are no longer be able to decide for yourself.
You can write a personal directive at home. You don't need to submit anything to a court or to the Office of the Public Guardian and Trustee. Once you and your witness sign it, it is a legal document. You can also register it with the Government of Alberta so your and your agent's contact information is on file.
Simply having a personal directive doesn't remove your right to make your own decisions. It only comes into effect after a capacity assessment finds you are unable to make personal decisions and a decision is needed. At that point, your agent has the legal authority to make decisions on your behalf, based on what you've written. It stays in effect until you regain the ability to decide, or until death.
Keep the original in a safe place that can still be reached when needed, and give a copy to your agent, your family members, and your health care team. It's also a good idea to keep a copy in your Green Sleeve.
Personal directives are governed by the Government of Alberta. For the voluntary personal directive form, guidance on writing one, costs, and the personal directive registry, visit Personal directive | Alberta.ca.
A personal directive covers personal and health decisions only. To leave instructions about your finances, you need a separate document called an enduring power of attorney. Like a personal directive, you make it while you're still able to decide for yourself, and it lets you name someone to manage your financial and property matters if you can't.
Enduring powers of attorney are governed by the Government of Alberta. For guidance on making one, what it covers, and when it takes effect, visit Enduring power of attorney | Alberta.ca.
A personal directive is the main way to plan ahead while you're still able to decide for yourself. If planning wasn't done in advance, or if someone already needs help making decisions, Alberta has other legal options:
