A Personal Directive is a legal document that allows you to appoint someone in advance to make personal (non-financial) decisions on your behalf in case you lose your mental ability to make such decisions due to health problems. These include decisions relating to your health care, housing, medical treatment, etc. It does not include decisions regarding your financial matters or properties. You require a power of attorney for this.
The law in Alberta does not allow your spouse, partner, close relative, or any other person to automatically make decisions for you in case you become incapacitated.
If you don’t make a Personal Directive before you become mentally incapacitated, a family member or an interested party will have to apply to the court to be appointed to act or make decisions regarding your personal matters. This process can be very lengthy and costly, lead to disagreement among family members, and result in the appointment of someone you would not have appointed yourself.
In order to be valid, your Personal Directive must comply with all the requirements of the Personal Directives Act.
We can help to prepare your Personal Directive