Personal Directives and Organ Donation in Alberta: What You Need to Know

What Is a Personal Directive?

A personal directive is a legal document that allows you to appoint someone responsible for making medical decisions on your behalf if you become mentally incapable of making them. Unlike a Will, which takes effect after death, a personal directive is active during your lifetime when you are unable to communicate your wishes due to illness or injury.

Key Elements of a Personal Directive in Alberta

1. Appointing an Agent: You can designate someone (an "agent" or “attorney”) to be the person responsible for making decisions on your behalf. This person should be someone you trust to carry out your wishes.

2. Specifying Instructions: You can include directions about your health care, living arrangements, and other personal matters. For example, you can state your preferences for medical treatments or end-of-life care.

3. Organ and Tissue Donation: A personal directive is also a place where you can indicate your wishes regarding organ and tissue donation.

Organ Donation in Alberta

Organ and tissue donation is a profound way to save and enhance lives. In Alberta, you can express your decision to donate through several channels:

1. Alberta Organ and Tissue Donation Registry: You can register your intent to donate online at MyHealth.Alberta.ca. This ensures your choice is documented and accessible to healthcare providers.

2. Personal Directive: Including your organ donation wishes in your personal directive provides additional clarity about your intentions.

3. Driver’s License: Albertans can indicate their organ donation preference on their driver’s license when renewing it.

Why Include Organ Donation in Your Personal Directive?

1. Clear Communication: By including your wishes in your personal directive, you are able to provide clear instructions about your intent, reducing stress for your loved ones.

2. Alignment with Your Values: A personal directive lets you document your preferences in a way that aligns with your beliefs and values.

3. Complement Other Registrations: While registering as an organ donor is essential, a personal directive reinforces your decision and provides a backup.

Key Considerations for Organ Donation

• Age and Health: There’s no age limit for organ donation, and many health conditions don’t automatically disqualify you as a donor. Medical professionals will assess suitability at the time of donation.

• Discuss with Family: While your personal directive and registry enrollment document your wishes, it’s important to communicate your decision to your family. They play a critical role in ensuring your intentions are honored.

• Update as Needed: Life circumstances change, and so may your preferences. Review and update your personal directive periodically to ensure it reflects your current wishes.

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Final Thoughts

Creating a personal directive that includes your organ donation preferences is a proactive step to ensure your wishes are respected. In Alberta, this legal tool complements other methods of documenting your intent, like the organ donation registry and driver’s license indicator.

At Stokes Law, we are ready to create a personal directive or update your existing one. We also suggest preparing your will and power of attorney at the same time to ensure you and your estate will be taken care of should anything happen to you. Planning ahead allows you to protect your autonomy. Don’t wait, contact us immediately, we are here to help.