Introduction
A personal directive (also called a living will) provides instructions to others in the event that you can't make or communicate decisions yourself. If you're 18 years of age or older and understand what a personal directive is, as well as its ramifications, you can write one for yourself or have one drawn up for you.
A personal directive comes into effect when its maker lacks the capacity to make decisions for themselves. It can be revoked under certain conditions.
Factors to Consider
Anyone can wind up at the centre of a family or medical dilemma, so it's a good idea to make your wishes known in advance. Doing so protects your family from legal complications and the emotional hardship of having to make decisions for you. Having a personal directive is particularly important in Alberta, where the law doesn't allow a person to automatically make decisions for another.
The instructions provided in a personal directive may include: information designating substitute decision-makers (agents) and the limits of their authority; medical treatments you want and don't want; who is and is not to be notified under various circumstances; where you would like to live and with whom if your circumstances were to change; and instructions relating to confidential information about the maker of the directive. A personal directive can't give instructions for assisted suicide, euthanasia or other acts that are against the law.
If a person is unable to sign their directive, certain other parties can sign it on their behalf. However, dependent adults can't issue personal directives regarding matters over which their guardian has authority.
Unlike a will, a personal directive only covers non-financial matters. If you haven't already done so, consider writing an enduring power of attorney (for financial matters), as well as a will (for personal assets after death).
What You Can Do
Consider all the possible scenarios in which you would like your wishes to be known, including life support and organ donation.
Talk through all the scenarios with your family. Let them know what instructions you're planning on giving.
Decide whom to name as your substitute decision-maker (agent). Make sure they understand and are willing to accept this responsibility.
Research personal directives online and/or at the library. Try to find samples of an actual personal directive.
Be as clear and detailed as you can be in writing down your instructions.
Ensure both you and a witness sign and date the finalized document.
Tell your family, lawyer and doctor about your personal directive and provide copies.
Further Resources
Learn more about personal directives by contacting Alberta Seniors and Community Supports at www.seniors.gov.ab.ca/services_resources/opg/persdir and reading the The Personal Directives Act at www.qp.gov.ab.ca/Documents/acts/P06.CFM.
