The Personal Directives Act allows Albertans to provide instructions about personal matters and appoint someone to make decisions and carry out these instructions. An adult with capacity called a maker may appoint another adult person called an agent in writing to make personal decisions for them at a future time when the maker no longer has capacity to make them.
A Personal Directive allows a maker to plan for non-financial matters, such as medical treatment, residence and other personal activities.
Both the agent and the maker must be at least 18 years old and the agent must have capacity to make personal decisions on behalf of the maker.
A valid Personal Directive must be in writing, be dated and signed by the maker in presence of a witness; not be signed on behalf of the maker by the agent or the spouse or partner of the agent; be signed by a witness in the presence of the maker; and not be witnessed by the agent or their spouse or partner, the spouse or partner of the maker, a person who signed on behalf of the maker, or the spouse or the partner of this person.
Often a maker includes their attending physician for capacity determination purposes.
In order to begin drafting your Personal Directive, please contact one of our will and estates lawyers.
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