Must-Have Decisional DocumentS |
This article was written by Retired Social Worker, Diana Eaid, BSW.
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After the age of 18, you are assumed to have legal capacity to make your own decisions. If declared to lack capacity (for any reason) by a physician, your family or friends can not intervene on your behalf, unless they are legally appointed to do so. In Alberta, you can appoint an agent(s) in a Personal Directive (PD) or an attorney(ies) in an Enduring Power of Attorney (EPOA) to make decisions for you. If you do not have either document completed at time of lack of capacity declaration, then your loved ones will need to apply for guardianship and trusteeship through the courts, a costly and lengthy process.
A Personal Directive (PD) covers decisions that are personal, including where you might live and associate with, as well as medical decisions. It is important to have conversations with your loved ones regarding your values and wishes. The Alberta government has a legislated form, Schedule 1 on their website. The PD only comes into effect once you are deemed to lack capacity. If you do not have anyone to take on the role of agent, you can contact the Office of the Public Guardian at 403-297-3364 to make an appointment to discuss the Office being appointed as your agent. More information on Personal Directives from CMS.
An Enduring Power of Attorney (EPOA) appoints an "attorney" you select and once enacted gives authority to that individual to manage your finances. This person should be someone you trust explicitly, and who is organized and knows what you want and value. The EPOA can come into effect when signed by you or if you are deemed to lack capacity. You do not require a lawyer to complete, however, beware that some places, like banks and the Land Titles Office may not accept requests without a legal certificate advising you had capacity at time of signing. More information on EPOAs from CMS.
A properly prepared Will allows you to direct where your property will go after your death. A will can help relieve stress from your family and loved ones during a time of grief, and can ensure your last wishes are followed. In Alberta, if you die without a will (or there is estate property which is not disposed of in the will), your estate will fall into what is called intestacy, and you will be referred to as the intestate. The Wills and Succession Act decides out how a person's estate will be distributed if they die intestate.
An Enduring Power of Attorney (EPOA) appoints an "attorney" you select and once enacted gives authority to that individual to manage your finances. This person should be someone you trust explicitly, and who is organized and knows what you want and value. The EPOA can come into effect when signed by you or if you are deemed to lack capacity. You do not require a lawyer to complete, however, beware that some places, like banks and the Land Titles Office may not accept requests without a legal certificate advising you had capacity at time of signing. More information on EPOAs from CMS.
A properly prepared Will allows you to direct where your property will go after your death. A will can help relieve stress from your family and loved ones during a time of grief, and can ensure your last wishes are followed. In Alberta, if you die without a will (or there is estate property which is not disposed of in the will), your estate will fall into what is called intestacy, and you will be referred to as the intestate. The Wills and Succession Act decides out how a person's estate will be distributed if they die intestate.