PD permits an Agent to make personal decisions (medical treatment, housing, care) if you lose capacity; governed by Alberta’s Personal Directives Act; part of your broader Estate Plan with a Will + POA.

Why have one: autonomy, clarity, reduced conflict, continuity of care, fewer emergency legal interventions.

Mental capacity means being able to understand information relevant to a decision and appreciate its consequences. Alberta law presumes adults have capacity unless proven otherwise. You must have capacity at the time you create and sign a Personal Directive, though capacity can fluctuate over time. A Personal Directive is usually triggered when a physician or psychologist confirms you’ve lost capacity, though you can choose to require two professionals or include a service provider. If you regain capacity, you have the right to revoke or amend your Personal Directive (and Power of Attorney).

Your Agent must be at least 18, mentally competent, and someone you trust to act in your best interest. They are legally required to act honestly, follow your instructions, and keep records of their decisions. The more guidance you include in your Personal Directive, the easier it will be for your Agent to reflect your wishes and values. You can also appoint more than one Agent — either jointly, where they must agree on decisions, or jointly and separately, where each can act independently. Naming alternates is wise in case your first choice can’t serve.

Unless you place restrictions, your Agent can make decisions about medical treatment, housing, and personal care. However, there are specific things they can never consent to, such as psychosurgery, non-medically-necessary sterilization, removal of tissue for transplant or research, or participation in experimental research with little or no benefit. If an Agent abuses their authority, they may be removed from their role and held legally responsible.

Guardianship and/or Trusteeship may be required via court: more complex, slower, and costlier; creates uncertainty and potential family conflict. A PD helps avoid this.

Supported Decision-Making allows you to keep your legal capacity while receiving help from someone you trust to understand information and weigh options. Guardianship, on the other hand, is a formal court process where someone is appointed to make personal decisions on your behalf when you lack capacity or don’t have clear documents in place. By creating both a Personal Directive and a Power of Attorney, you can often avoid the need for Guardianship and Trusteeship altogether.

A trust company will not act under a Personal Directive, and most professionals only do so if they share a personal relationship with you. Once your documents are created, the originals should be stored safely, and your Agents should know where and how to access them if they are ever needed.

Personal Directives should be reviewed regularly. Typically every 3 to 5 years or when major life changes occur, such as a new diagnosis, a move, or a shift in relationships. Updates are especially important if you lose confidence in your chosen Agent or if they become unable to serve (for example, if they move away, pass away, or experience their own health issues). Keeping your documents up to date ensures your wishes are carried out by the right person.

While Alberta’s Personal Directive forms are available online, errors in preparation or execution can make your documents invalid. A lawyer ensures your documents are drafted, signed, and witnessed properly, giving you confidence that your wishes will be respected. VanderLeek Law can prepare your Personal Directive, Power of Attorney, and Will to ensure they are valid and tailored to your needs.