Personal directive is a legal document available in Alberta, which allows you to name a decision maker and/or provide written instructions in case you are no longer able to make decisions (because of an illness or injury)
Personal directive is a legal document available in Alberta, which allows you to name a decision maker and/or provide written instructions in case you are no longer able to make decisions (because of an illness or injury). Personal directives and all the related things are regulated by the Personal Directives Act. You can sign such document if you are over 18 years old and the instructions specified in this document must be non-financial (for any financial instructions there is an Enduring Power of Attorney) like choosing a medical treatment for example. Personal Directive has two benefits, first that you have more control of the situation even if you can’t make a decision and second that your relatives will be relieved of choosing what is right and will follow your instructions.
It is important to remember that you need to analyze all the contents of the personal directive. Of course you will be able to make any changes in this document, but it is always better to save time and money spent on rewriting the document. Also the personal directive must be dated, signed by the maker, and witnessed by someone else.
The Personal Directives Amendment Act that took effect on June 30, 2008 made the writing of personal directive even easier for Albertans. For example with the new amendments parents can appoint an agent who will make decisions about the care and education of their children until a guardian is appointed. Personal directives and equivalent documents that were written outside of Alberta are now recognized as valid if they meet the personal directives criteria in Alberta. Now maker, agent or a service provider can request reassessment, if mental capacity appears to be regained. And one of the most important changes – the voluntary personal directives form that makes it easier for Albertans to write a personal directive. In this form Public Guardian can be named as sole agent, for people who don’t have anyone to represent them to choose a decision maker. There is also a personal directives online registry established. It will be used voluntarily and free of charge and it allows approved health care providers to contact the agents if a maker has lost mental capacity. Public Guardian is also authorized to investigate complaints about agents who cause physical or mental harm to the maker.
An assessment of capacity can be completed only by two people one of which must always be a physician or psychologist. The maker also has the possibility to name a trusted person who will assess their capacity in consultation with a physician or psychologist. Also in the new Personal Directives Amendment Act reassessment can be requested by a maker, agent or a service provider, if mental capacity of the patient appears to be regained. After the agent and the service provider agree that the capacity has been regained they can sign a regaining capacity form. If can’t reach an agreement they must refer the maker for an in depth assessment by other two service providers.
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