Making Your Wishes Known: How a Personal Directive Can Help Ensure Your Voice is Heard
Introduction
Mental incapacity, stemming from conditions like severe head injuries, dementia, or sudden illness, inhibits an individual's ability to make essential decisions about their welfare. A personal directive, an important legal document, is invaluable in such instances. It designates a trusted 'agent' to uphold your preferences regarding healthcare and personal matters when you can't communicate them yourself. This article offers essential information on personal directives, guiding you to make informed decisions about your future.
Understanding Personal Directives
A personal directive authorizes a reliable individual, your 'agent', to make pivotal decisions regarding areas like healthcare, residency, and even temporary care for minor children. It's essential for situations ranging from temporary illnesses to chronic conditions like Alzheimer's Disease. Although not mandatory in Alberta, any individual above 18 can draft a personal directive to reduce uncertainty during challenging times and ensure their wishes are followed.
Differentiating Personal Directive, Will, and Living Will
A personal directive is often overlooked due to the emphasis on a Will. Unlike a Will, active only post-death, a personal directive steers decisions during your lifetime when you're unable to do so. It influences everyday life decisions and even childcare.
A Living Will, frequently confused with a personal directive, focuses solely on end-of-life choices. Conversely, a personal directive covers a broader spectrum of life aspects, including appointing someone to make personal decisions on your behalf.
Importance of a Personal Directive
A personal directive ensures control over future health and personal care decisions. In its absence, your preferences may remain unknown to family or healthcare providers, leading to unwanted decisions on your behalf. By having a personal directive, you clearly state your wishes, providing direction during times of crisis.
Drafting a Personal Directive
Anyone above 18 in Alberta can create a personal directive, provided they comprehend its implications. It must be written, dated, signed by the individual and a witness, with specific restrictions on who can serve as the witness. It's advisable to share the directive with your agent, physician, and other relevant individuals.
While a lawyer isn't necessary to draft a personal directive, consulting one or seeking advice from a trusted advisor may be beneficial. The directive should ideally outline your agents' roles, the decision-making areas, and specific instructions, with room for flexibility considering potential future changes.
Legal Requirements and Crafting a Personal Directive
Legal requirements vary across jurisdictions, so verify your local laws. Generally, the document must be in writing, signed by you, and witnessed by two individuals, neither of whom are your spouse, common-law partner, or designated agents.
Creating a personal directive involves outlining your values and preferences for future care. Once drafted, it should be signed and witnessed according to legal requirements.
What to Include and Appointing an Agent
Your personal directive should detail your healthcare, personal care, and living arrangement preferences. You can also designate an individual as your agent or alternate agent to decide on your behalf when you cannot.
Your agent should be someone you trust to act in your best interest. They must be over 18 and mentally capable of making decisions. You can have more than one agent, primary and alternate agents, or different agents for different decision-making areas.
Scope of an Agent’s Authority and Communicating Your Wishes
An agent is responsible for personal decisions excluding financial matters. Their decisions encompass various personal matters as per the Personal Directives Act, including healthcare, housing, and non-financial legal matters. Sharing your personal directive and your wishes with your loved ones is important for smooth decision-making during a crisis.
Updating a Personal Directive and Its Benefits
A regular review and update of your personal directive is necessary to account for changes in your health status or personal circumstances. A personal directive ensures your preferences are respected and reduces the burden on your loved ones by providing clear instructions about your wishes.
Conclusion
A personal directive is a vital tool that ensures your wishes are respected when you can't communicate them yourself. It gives you control over future decisions, offering peace of mind for you and your loved ones. Everyone can benefit from drafting a personal directive. By taking the time to create one, you can ensure your future care aligns with your desires.