Personal Directives

Professional Legal Guidance for Your Future

Ensure Your Wishes Are Respected

Personal Directives are crucial for outlining your preferences for medical and personal care in situations where you cannot make decisions yourself. Nigro Manucci’s expert legal team helps you draft clear and comprehensive Personal Directives, ensuring your wishes are respected and followed. Our personalized approach ensures that your directives reflect your unique preferences and needs.

Comprehensive Personal Directive Services

Our team at Nigro Manucci provides comprehensive services for Personal Directives, including drafting and reviewing these critical documents. We work closely with you to ensure that your Personal Directives provide clear instructions for your designated representative and reflect your unique needs.

What Is a Personal Directive?

A Personal Directive is a document which allows you to appoint another person (referred to as an “Agent”) to make personal decisions for you when you lack the mental capacity to make your own decisions.  It can also contain specific instructions for the matters you care most about to guide your Agent or professional service providers in making decisions on your behalf.

Why Is It Beneficial to Have a Personal Directive?

A Personal Directive is a relatively inexpensive way to plan for your own incapacity.  Without a Personal Directive, if you become mentally incapacitated it may be necessary for your family to make an application under the Adult Guardianship and Trusteeship Act for an Order appointing a guardian to make personal decisions on your behalf.  This application is costly and can take several months.

Who Can I Name as My Agent

Your Agent must be eighteen years of age or older at the time the Personal Directive takes effect.  Being an Agent can take a lot of time so you should discuss your decision with the person you wish to appoint as your Agent.  You can appoint more than one Agent.  You can give these Agents the authority in the same or different areas.  If you appoint more than one Agent it is very important to clearly state when each is to act and how any disagreement should be resolved.  You can also appoint an Agent and an alternate Agent, however, it is important to clearly specify the situations in which the alternate Agent would make decisions (i.e. the alternate may be asked to make decisions only if the Agent is out of the country, ill or deceased).

What Decisions Can My Agent Make on My Behalf?

Unless you specify otherwise in your Personal Directive, your Agent will have the authority to make decisions with respect to any non-financial matters including:

  • health care
  • accommodation 
  • with whom a person may live and associate
  • participation in social, educational and employment activities
  • any non-financial legal matters such as providing consent for the release of medical records

 

The only exceptions to this rule are:

  • psychosurgery as defined in the Mental Health Act
  • Sterilization that is not medically necessary to protect your health
  • removal of tissue for implantation in the body of another living person or for medical education or research purposes
  • participation in research or experimental activities, if the participation offers little or no potential benefit for you

 

If you wish your Agent to make decisions related to these matters, you must specifically state this is your Personal Directive.

Additionally, your Personal Directive cannot include instructions relating to aided suicide, euthanasia or other instructions prohibited by law.  If a Personal Directive contains an instruction that is prohibited by law, that instruction is void.

When Does My Personal Directive Come Into Effect?

A Personal Directive comes into effect when an individual lacks the capacity to make decisions for themself.  Mental capacity can be determined by either the person or persons named in the Personal Directive to assess capacity, after consulting with a physician or psychologist, or by two service providers, at least one of whom is a physician or psychologist.

When the determination of mental incapacity has been made the Agent must then notify the person’s nearest relative and their legal representative, if any. The maker of the Personal Directive can also specify other individuals who are to be notified, or not notified.

Unless you state otherwise in your Personal Directive, it remains in effect until you revoke it, the Court revokes it, or you die.  You can revoke your Personal Directive only if you have the mental capacity to understand what you are doing.

How Can I Ensure That My Personal Directive Is Implemented?

It is a good idea to discuss your intentions with respect to your Personal Directive with those people closest to you.  Your Agent should have a copy of your Personal Directive soon after you make it.  This gives your agent a chance to review the Personal Directive periodically and raise questions about what your wishes would be in certain circumstances.  If your Personal Directive is specific about a circumstance (i.e. a medical treatment) you may wish to leave a copy with your physician.  You may also wish to leave copies with your family members.

Another idea is to keep a card in your wallet or purse which states that you have a Personal Directive, where it can be found, and how to contact your Agent.

Why Choose Nigro Manucci for Personal Directives?

Nigro Manucci has been a trusted partner for Wills and Estates legal services since 1972. Our commitment to quality work, integrity, and respect makes us the go-to choice for personal directive services. Our experienced team is dedicated to providing tailored solutions that ensure your wishes are honored.

Contact Nigro Manucci today to learn more about our Personal Directive services.

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Nigro Manucci’s Top Resources for Further Reading:

Understanding Personal Directives

University of Alberta – Personal Directives

Government of Alberta – Personal Directive

Frequently Asked Questions

What is a Personal Directive?

A Personal Directive is a legal document that allows you to appoint someone you trust to make personal and healthcare decisions on your behalf if you become unable to make those decisions yourself. In Alberta, this document only takes effect if you lose the mental capacity to make informed decisions about your personal care. A Personal Directive can include instructions regarding medical treatment, living arrangements, personal care, daily support, and other non-financial matters that reflect your values and preferences. By preparing a Personal Directive in advance, you ensure that someone you have chosen can act in your best interests during difficult circumstances. An estate planning lawyer can help prepare a legally valid document tailored to your specific wishes.
A Personal Directive gives you the opportunity to make important decisions about your future care before an unexpected illness or injury occurs. Without this document, your family may face uncertainty or need to apply through legal processes to obtain authority to make personal decisions on your behalf. A Personal Directive allows you to appoint a trusted individual, provide guidance regarding healthcare and living arrangements, and communicate your personal values in advance. It also helps reduce stress for your loved ones by giving them clear direction during emotionally difficult situations. Working with an estate planning lawyer ensures your Personal Directive complies with Alberta law and accurately reflects your wishes.
Your agent should be someone you trust completely to make personal decisions on your behalf if you are unable to do so yourself. This person should understand your values, respect your wishes, communicate effectively with healthcare providers and family members, and be willing to accept the responsibility of acting in your best interests. Many people choose a spouse, adult child, close family member, or trusted friend, although any qualified individual may be appointed. It is also wise to discuss your expectations with your chosen agent before naming them. An estate planning lawyer can explain the agent’s legal responsibilities and help ensure your appointment is clearly documented.
The authority granted to your agent depends on the instructions contained in your Personal Directive. Generally, an agent may make decisions about healthcare, medical treatment, living arrangements, personal support services, nutrition, daily care, and other personal matters if you become incapable of making those decisions yourself. Your Personal Directive can include specific instructions about the types of care you wish to receive, your personal preferences, or any limitations on your agent’s authority. It is important to note that a Personal Directive does not authorize your agent to manage your financial affairs, which are typically addressed through a separate Enduring Power of Attorney. A lawyer can help ensure these documents work together effectively.
Yes. As long as you have the legal capacity to make your own decisions, you can change or revoke your Personal Directive at any time. You may decide to appoint a different agent, update your healthcare preferences, or revise your instructions as your personal circumstances or relationships change. It is also advisable to review your Personal Directive after significant life events such as marriage, divorce, the death of your appointed agent, or major changes in your health. An estate planning lawyer can prepare updated documents, ensure previous versions are properly replaced if necessary, and confirm your revised Personal Directive continues to comply with Alberta law.
A Personal Directive does not take effect immediately after it is signed. Instead, it only becomes effective if you lose the mental capacity to make your own personal or healthcare decisions. The determination of incapacity is generally made according to the process outlined in the directive and applicable Alberta legislation, often involving healthcare professionals. Until that time, you continue to make your own decisions regarding your medical treatment, living arrangements, and personal care. Once the directive becomes effective, your appointed agent may act within the authority granted by the document. A lawyer can explain how activation works and help ensure your directive clearly reflects your intentions.
If you become incapable of making personal or healthcare decisions and do not have a Personal Directive, your loved ones may face uncertainty about who has the legal authority to act on your behalf. In some situations, family members may need to follow formal legal processes or seek court involvement to obtain decision-making authority. This can result in delays, additional expenses, and disagreements during an already stressful time. Without written instructions, your personal wishes regarding healthcare and daily living may also be more difficult to determine. Preparing a Personal Directive in advance provides clarity, reduces uncertainty, and allows you to choose who will make decisions if you are unable to do so yourself.
In general, a valid Personal Directive is intended to ensure your wishes are respected by authorizing your chosen agent to make decisions on your behalf if you lose capacity. Family members cannot simply disregard or override the authority granted to your appointed agent because they disagree with the decisions being made. However, disputes can arise in certain circumstances, particularly if there are questions about the validity of the directive, the interpretation of your instructions, or whether the agent is acting appropriately. Preparing a clear and legally valid Personal Directive with the assistance of an estate planning lawyer helps reduce uncertainty and supports the proper implementation of your wishes.
A lawyer helps prepare a Personal Directive by explaining your legal options, discussing your personal wishes, and drafting a document that complies with Alberta law. They help you choose an appropriate agent, clarify the authority you wish to grant, and ensure your instructions regarding healthcare, living arrangements, and personal care are expressed clearly and accurately. A lawyer can also identify potential issues that may not be addressed by generic forms and recommend solutions based on your individual circumstances. By preparing a professionally drafted Personal Directive, you gain confidence that your wishes are properly documented and that your loved ones will have clear legal guidance if the document is ever needed.
Yes. A Personal Directive is an essential component of a comprehensive estate plan because it addresses important decisions that may arise during your lifetime if you become incapable of making your own personal or healthcare decisions. While a will governs the distribution of your assets after death and an Enduring Power of Attorney authorizes someone to manage your financial affairs, a Personal Directive focuses specifically on healthcare and personal care decisions. Together, these documents provide a complete legal framework that protects your interests, supports your loved ones, and ensures your wishes are respected in a variety of circumstances. An estate planning lawyer can prepare all of these documents so they work together as part of a well-coordinated estate plan.

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