Personal Directives In Calgary – Do I Need A Lawyer?
If you need a personal directive, this Calgary Wills and Estates Lawyer can help you.
A “Personal Directive” is a legal document that deals with non-financial matters. They are made pursuant to the Personal Directives Act of Alberta.
A personal directive is where you still have good mental capacity i.e. you are of sound mind and you write out your instructions and (probably) name an individual to make decisions on personal matters if you should happen to lose your mental capacity due to injury or illness. Again, these are for non-financial matters. (Recall that a power of attorney or an enduring power of attorney are the documents that deal with financial matters.)
The “personal matters” that a Personal Directive can deal with include where (and with whom) you wish to live as well as what medical treatmentyou do or do not want to receive. A “DNR” is a “do not resuscitate” Personal Directive.
Personal Directives are sometimes called “springing” because they “spring” into effect once you become incapacitated.
The government of Alberta has tried to make it easier for people to complete their own Personal Directives. They have a website page describing the various requirements for a Personal Directive and forms which can be used. Also on that page is a very informative publication entitled “Understanding Personal Directives”.
It is common for Calgary estate law practitioners to include a Personal Directive in a package that includes a Will and an Enduring Power of Attorney. This is probably the best way of achieving all the goals.
Personal Directives – The Law in Alberta
Here is a listing of the Table of Contents to the first 4 Parts of the Personal Directives Act (there are 7 Parts altogether), just to give an idea of what is in the actual legislation. Talk to a lawyer.
Personal Directives Act
Table of Contents
Part 1 Definitions and Application
1 Definitions
2 Application
Part 2 Personal Directives
3 Who can make a personal directive
4 Personal directive by dependent adult
5 Requirements of personal directive
6 More than one personal directive
6.1 Form of personal directive
7 Contents of personal directive
7.1 Public Guardian as agent
7.2 Registration of information
7.3 Directive made outside Alberta
8 Revoking a personal directive
9 Bringing personal directive into effect
10 Personal directive ceases to have effect
10.1 Determination of regained capacity
Part 3 Agents
11 Effect of agents decisions
12 Limitations on agents authority
13 Duty to consult
14 Agents authority
15 Limitation on authority
16 More than one agent
17 Duty to keep records
18 Remuneration
Part 4 Service Providers
19 Providing services
20 Authority to provide service
21 Continuing duty to consider capacity
23 Duty to verify matters
24 Providing emergency medical services
It is normal for a lawyer to put together a Personal Directive along with a Power of Attorney and a Will as a complete package for the client.
Over 30 years of experience as a Calgary estate and probate lawyer with experience in personal directives and living wills.
