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- Every Albertan who is at least 18 years old should have: a personal directive – for personal decisions an enduring power of attorney – for financial decisions a will – for administering your estate after your death Alberta does not have living wills. Instead, we have personal directives.
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Who can make a personal directive in Alberta?
What are the sections of a personal directive?
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Who should have a living will in Alberta?
What happens if I don't have a personal directive?
Who is an agent in a personal directive?
Every Albertan who is at least 18 years old should have: a personal directive – for personal decisions. an enduring power of attorney – for financial decisions. a will – for administering your estate after your death. Alberta does not have living wills. Instead, we have personal directives.
- Understanding Personal Directives
Information about what a personal directive is, how to write...
- Personal Directive Registry
Personal Directive Registry. Getting Started. Personal...
- Understanding Personal Directives
It is not necessary to have a Living Will. Technically, in Alberta, your Personal Directive can (and should) include end-of-life decisions. The Government of Alberta described why having a personal directive is so important in their Understanding Personal Directives document.
Alberta has a Personal Directive Registry. The registry permits Albertans to voluntarily register the existence of their personal directive and contact information for your agents(s). If you have questions about the registry you can contact the Office of the Public Guardian toll free at 1-877-427-4525.
Information about what a personal directive is, how to write a personal directive, areas of decision making authority and how to choose someone to represent you as your agent.
- Advance planning options
- Areas of personal decision-making authority
- Considerations before writing a personal directive
- Different jurisdictions
- Requirements to be an agent
- Selecting an agent
- Multiple agents
- Registry
- Reviewing or changing a personal directive
- Enacting a personal directive
- Duties of an agent once the personal directive is enacted
- Record of Decisions
- The end of an agent’s authority
- If an agent will not act or is unable to act
- If an alternate agent has not been named:
- Concerns about an agent
Every Albertan who is at least 18 years old should have: a personal directive for non-financial matters an enduring power of attorney for financial matters a will to plan for the disposition of financial and personal assets after death You should have these important documents because if you don’t, someone may have to apply to the court to become y...
personal matter is defined in the Personal Directives Act as being anything of a non-financial nature, including: health care accommodation with whom the person may live and associate participation in social activities participation in educational activities participation in employment activities non-financial legal matters, such as providing conse...
A personal directive can designate an agent(s) and the agent’s areas of authority. An agent is a person designated in a personal directive to make personal decisions on behalf of the maker. The maker’s instructions guide the agent(s) decisions about important issues regarding personal, non-financial matters. Some examples are: specific instructio...
It does not matter if a personal directive was written outside Alberta if it meets the requirements of the Personal Directives Act. A personal directive from outside Alberta may be known by a different name.
An agent must: be 18 years of age or older at the time the personal directive takes effect have the mental capacity to make decisions on the maker’s behalf There are no restrictions for where the agent(s) lives. The maker has three options: Name one or more agents and choose the areas the agents will have authority. Different agents can be appo...
An agent should be someone the maker trusts to make decisions the maker, themselves, would make. The person(s) chosen should understand the maker’s wishes, values and beliefs so they are prepared to act in the maker’s best interests. It is strongly recommended the maker ask the proposed agent(s) directly if they wish to be named and are willing, ab...
The maker can name one or more agent(s) to act at the same time: Agents can be required to act together (“jointly”) or act separately as well as together. If they can act separately and jointly, then either agent will be able to act alone on the maker’s behalf. If the personal directive does not indicate the agents can act separately, it is ...
Albertans can voluntarily register their personal directive with the Office of the Public Guardian and Trustee. The registry does not keep a copy of a personal directive. The agent will need to provide a copy of the personal directive to prove their authority. The registry only includes the fact an adult has a personal directive, and the name a...
The maker has a responsibility to review their personal directive regularly to make sure the agent(s) continue to be willing, able and available to act in this role. The maker can revoke a personal directive and write a new one as long as the personal directive is not in effect: A personal directive is valid until it is revoked in writing by th...
An agent does not have legal authority to make decisions until the maker has been declared incapable of making decisions and the personal directive has been enacted either for a specific area(s) of authority or for all personal matters. There are two ways in which a personal directive can be enacted: The maker can name a person in the personal di...
An agent must: only make decisions in the areas the agent has been granted authority by the maker consider the maker’s capacity on an ongoing basis and arrange for re-assessment of capacity if capacity appears to have been regained consult with the maker before making decisions to ensure that the maker contributes to the extent that the maker is ab...
Making decisions includes: giving consent refusing to give consent withdrawing consent The Personal Directive Act requires the agent keep a record of all decisions while they are acting as agent and for two years after the agent’s authority has ended. The agent must provide a record of decisions on request to the following: the maker the maker’s ...
The responsibility of an agent ends when: the maker regains capacity to make decisions, which is recorded on the appropriate form the personal directive includes a date or circumstance in which the directive is to be revoked or changed (for example: if the maker divorces, the spouse is no longer the agent) the court determines the personal directiv...
If the person named as agent refuses to or is unable to assume this role or refuses to make a decision, an alternate agent named in the personal directive may act.
service providers, such as physicians, lawyers and other health care professionals, can follow any clear instructions in the personal directive relevant to the decision to be made if no instructions are available, the service provider must inform the nearest relative, or any other individual listed in the regulations, a decision needs to be made th...
Whether or not instructions are provided about reviewing the decisions of an agent, anyone can make a written complaint about the actions of an agent to the Office of the Public Guardian and Trustee if: the personal directive has been enacted an agent is failing to comply with the personal directive or the duties of an agent the failure is likely t...
A personal directive is a legal document, under the Personal Directives Act, that allows you to name the person(s) you trust to make decisions on your behalf should you lose mental capacity and list the areas in which they have decision-making authority (e.g., health care, residential issues).
Understanding Personal Directives (Alberta) This online resource from Service Alberta provides information about Personal Directives. Sections include: Introduction; A Time When You Cannot Make Decisions; Writing Your Personal Directive; Choosing Someone to Make Decisions on Your Behalf - Your "Agent"; Areas of Decision Making Authority ...
