What Is a Personal Directive and Why Is It Important to Have
- Rikesh Wadhwa
- Oct 2
- 2 min read
When people think about planning for the future, they often focus on Wills. A Will is important - it deals with your money, property, and belongings after you pass away. But what about decisions while you’re still alive, if you’re unable to make them yourself? That’s where a Personal Directive comes in.
A Personal Directive is a legal document in Alberta that lets you choose someone you trust (called your Agent) to make personal, non-financial decisions for you if you lose the ability to make them yourself. This could happen because of illness, injury, or another medical situation where you are not able to communicate or understand information.
These are not decisions about money or property - those are covered under an Enduring Power of Attorney. A Personal Directive covers your personal life and care. Generally these are medical decisions being made when a doctor has determined you are unable to make them for yourself.
When creating a Personal Directive, you appoint an Agent to make decisions about:
Medical treatment (accepting or refusing certain treatments);
Where you live (such as staying at home, moving to assisted living, or a care facility);
Who you live with or see;
Personal activities (like social, recreational, or educational activities); and
End-of-life care (your wishes about life support or comfort care)
If you do not have a signed Personal Directive, your loved ones may be left guessing what you would have wanted and if a situation arises were to arise where you could not make these non financial decisions for yourself, your family or loved ones will likely need to apply to the Court. That process takes time, money, and adds stress during an already difficult period.
By making a Personal Directive, you ensure the following:
Your values and wishes are respected;
You choose who will speak for you (instead of leaving it up to the Courts); and
You avoid family conflict about “what you would have wanted.”
The terms of your Personal Directive dictate when it comes into effect but generally it is only if your doctor declare that you no longer have capacity to make decisions for yourself. Until then, you stay in full control.
A Personal Directive is just as important as your Will. Think of it as your “voice for the future.” At Stokes Law LLP, we would be happy to schedule a consult to discuss what this looks like and prepare a Personal Directive that sets out your wishes.
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