Personal DirectiveS
The following information was provided by the Office of the Public Guardian and Trustee (OPGT). Their offices are open from 8:15 am to 4:30 pm (Monday to Friday, closed statutory holidays).
A personal directive is the legal document you make in case you cannot make your own personal decisions in the future. Personal directives can be about medical treatment, health care decisions, where you live, the activities you take part in, etc.
Some people use the term "living will". However, Alberta does not have living wills because they only outline end-of-life wishes. Instead, Alberta requires personal directives that provide for broader coverage. A personal directive:
- is optional, voluntary and highly recommended
- names the person or people you have picked to make personal decisions for you – the person you name on the personal directive is called an agent
- ensures your written instructions are known in case something happens to you
- only comes into effect if you are found to lack capacity – that means you are not able to make your own decisions
- can be registered with the Office of the Public Guardian and Trustee (OPGT) – if you and your agent consent to having your contact information included in the registry
Your agent does not step in until you need help, which is confirmed through a capacity assessment. If you get better, you can take back the power to make your own decisions. This is also confirmed through a capacity assessment. If you don’t have a family member or friend who can help, you can ask the Public Guardian to be your agent. You have to ask them before you sign your personal directive. This document is typically signed at the same time as the Enduring Power of Attorney.
Making a Personal Directive from the Centre for Public Legal Education Alberta (CPLEA)
Assistance getting a Personal directive or Capacity assessment
The Kerby Centre in Calgary can assist adults to write a personal directive or assist in finding a capacity assessor at no charge (403-705-3230).