Thinking about a time when you might not be able to make your own decisions can be difficult. Yet, planning for this possibility gives you control over your future personal and medical care. Our team at KH | Dunkley Law Group can help you navigate this process, including creating a comprehensive estate planning strategy that provides peace of mind for you and clear guidance for your loved ones.
A Personal Directive is a legal document that lets you name a trusted decision-maker for personal matters if you become unable to make these choices for yourself.
The Purpose & Power of a Personal Directive
A Personal Directive empowers a person you choose, known as your agent, to make important life decisions on your behalf. This legal tool is a key part of planning for your future well-being.
What Decisions Your Agent Can Make
Your agent can make a range of choices based on the instructions you provide in your directive. These areas often include:
- Healthcare and medical treatments
- Where you live, such as in your own home or in a care facility
- Who you have contact with
- Your participation in recreational or social activities
When Your Directive Activates
Your Personal Directive only takes effect after a formal assessment determines you no longer have the capacity to make your own personal decisions. Until that point, you remain in complete control.
Personal Directive vs. Power of Attorney
People often confuse these two important documents, but they serve different purposes. You may benefit from having both prepared as part of your overall life and estate plan.
Your Guide for Health & Personal Decisions
A Personal Directive is specifically for your personal well-being—your health, lifestyle, and where you live. It does not give your agent any control over your finances or property.
Your Guide for Financial & Legal Matters
An Enduring Power of Attorney allows a person you choose to make decisions about your property and finances. This can include managing your bank accounts, paying bills, and handling investments.
Common Instructions in a Personal Directive
You can add specific instructions to your Personal Directive to guide your agent. These instructions help them make decisions that truly reflect your personal values and wishes.
Examples of Healthcare Choices
Your directive can outline your preferences on important medical issues. Some common examples include:
- Preferences for life-support or end-of-life care
- Instructions on specific medical treatments you do or do not want
- Decisions about organ or tissue donation
Examples of Lifestyle Decisions
You can also provide guidance on your quality of life. These instructions may cover details such as:
- Where you would prefer to live if you cannot stay in your home
- Dietary preferences or restrictions
- Preferences for social, spiritual, or recreational activities
What Happens Without a Personal Directive
If you lose the ability to make decisions without a Personal Directive, you also lose the opportunity to choose who speaks for you. This can create a difficult and uncertain situation for your loved ones.
The Default Legal Process
Without a directive, the court may need to appoint a guardian to make decisions on your behalf. This legal process can take time and may result in an appointee you would not have chosen yourself.
Potential Conflicts & Stress for Your Family
Without your clear instructions, family members may disagree on what is best for you. This can lead to painful disputes during an already emotional and stressful time, similar to situations that can arise without a properly drafted will.
What to Consider When Planning Your Personal Directive
Planning your Personal Directive ensures that your wishes are known and legally protected in the future. There are key elements to consider when planning your directive.
Choose Your Agent with Care
Choosing your representative, also known as your agent, is a very personal decision. Select a trusted person who understands your values and is willing and able to act for you. It is also wise to name an alternate agent in case your first choice cannot fulfill the role, and can avoid a court application for guardianship – making the process more straight forward for you and your loved ones
Outline Your Wishes Clearly
Think about what is most important to you for your quality of life. In the event of incapacity, in when is alternative accommodations preferred? What forms of medical support are supported and discouraged? What organs should be donated, if any at all?
You can be as specific or as general as you feel comfortable with when you draft your instructions, either way the instructions should not be complication nor ambiguous.
Formalizing the Document
Your Personal Directive must be in writing, dated, and signed by you in front of a witness. A discussion with experienced lawyers in Calgary is a good first step, as they can help you with all aspects of wills and estate law so your document properly reflects your intentions and meets all legal requirements.
Protect Your Wishes & Give Your Family Peace of Mind
A Personal Directive offers you and your family clarity and peace of mind for the future. Our team at KH | Dunkley Law Group can help you navigate the process of preparing this important document. Contact our team to learn more about protecting your personal wishes.
