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Personal Directive Law in Edmonton

Hours Updated onJuly 17, 2023 Categories Edmonton
personal directive and estate planning for Edmonton Families

Personal Directive Lawyers in Edmonton, Alberta

Although Alberta does not recognize “living wills” or “advanced medical directives”, we have similar documents called “personal directives”.

A personal directive is an important element of most people’s estate plans, allowing you to detail your wishes about what happens later in life regarding personal affairs and healthcare.

This helps avoid confusion and disputes among family members if you should lose the capacity to communicate your wishes or make decisions.

The estate planning experts at Vest Estate Lawyers can help you prepare a personal directive that accurately reflects your wishes that can be enacted if needed later in life.

Table of Contents
  • Personal Directive Lawyers in Edmonton, Alberta
  • What is a personal directive in Alberta?
  • What should I include in my personal directive?
    • Medical decisions
    • Living preferences
    • Personal life decisions
  • Why have a personal directive in Alberta?
  • What if you don't have a personal directive?
  • Write your personal directive in Edmonton

What is a personal directive in Alberta?

Nobody likes to consider what would happen in the event of serious injury or illness, but unfortunately, the older you get, the more likely this becomes.

If you drive a car, the risk of this happening is ever-present.

Imagine you are left incapable of making decisions or communicating what you want to loved ones.

A personal directive is a legal document that makes provisions for this eventuality. It permits you to name a trusted individual as your legal representative (“agent”) with the authority to make personal decisions on your behalf if you are unable to do so – either temporarily or for the long term.

A personal directive should be shared with the relevant authorities that would need to understand the decisions it contains, such as healthcare providers, family members, etc.

It may never be used but it can provide the peace of mind that should something happen to you, someone has decision-making powers without having to apply to the courts.

What should I include in my personal directive?

A personal directive can specify exact wishes that you want to be followed or you can provide general guidelines and entrust the decision-making responsibility to your agent.

You should at least outline some instructions to guide your agent if you are not able to communicate wishes to the relevant people.

Decisions may involve many fundamental aspects of your life, such as:

  • Medical treatment preferences
  • Where and with whom you would like to live
  • Who will care for dependent children?
  • Recreational, employment and educational preferences
  • Any other personal matters or legal decisions that need to be made

Note that the power to make financial decisions is not authorized by a personal directive. For that, you will require a power of attorney agreement.

Medical decisions

Your agent, or enduring power of attorney, is responsible for carrying out the wishes you specify regarding medical treatment. There are many different choices to make nowadays with medical care, regarding medication, surgery, lifesaving procedures, experimental treatments, and so on.

The more specific you can be regarding these important decisions, the easier it will be for your agent. Otherwise, your agent will need to make decisions in your interests based upon their understanding of your preferences.

Living preferences

You may not be able to live at home in the event of a serious injury or illness.

Your agent should be instructed on what type of facility or residence you prefer to live in – and with whom you wish to live.

Personal life decisions

Every day we make countless personal decisions. If you lose the capability to do this, your agent will need to make these decisions for you.

This may include:

  • The people with whom you associate
  • The types of leisure activities you participate in
  • Sport or exercise preferences
  • Dietary preferences
  • Religious practices you follow

All these wishes can be specified in your personal directive.

Bear in mind that the decisions you make now regarding later life may not always apply. Your circumstances and relationships could change.

It is, therefore, important to review your personal directive from time to time – just as you would review a will if your circumstances change.

Also, consider financing your wishes. Your agent is not authorized to make financial decisions on your behalf, so unless there is a power of attorney in place for the same individual, the agent and another nominated individual will need to work closely together to carry out your wishes.

This makes it important to nominate individuals who can collaborate with your best interests at heart.

Why have a personal directive in Alberta?

Creating a personal directive is a voluntary choice. Nothing states that you must have such a document.

However, there are numerous benefits to setting up a personal directive:

  • You remain in control of your choices and living preferences in later life
  • A trusted person of your choosing helps look after your personal affairs if you are unable to do so
  • Your wishes are clearly stated and in writing to avoid confusion and stress for family members
  • You have the peace of mind of knowing that delays will be avoided and decisions will be made according to your wishes if you are incapacitated

What if you don’t have a personal directive?

If you don’t have a personal directive in place, you run the risk of the following:

  • A stranger (healthcare provider) may need to elect a next of kin to make decisions on your behalf
  • You may have no control over decisions made in later life
  • You may end up living in a place and with people against your wishes
  • Loved ones may need to apply to the court for legal guardianship to make personal decisions on your behalf (which is potentially time-consuming, expensive, and happens at a stressful time for the family)

Write your personal directive in Edmonton

A personal directive should be custom drafted to incorporate your precise wishes.

The experts at Vest Estate Lawyers can help you with the first important steps in creating a comprehensive estate plan that includes a personal directive.

Start with a one-on-one consultation, during which we will listen to your goals and advise you of your options.

Edmonton Building

Our Edmonton intake staff are standing by to help you. Call 587-442-3553 [toll free 1-877-448-3131] or contact us online to schedule an appointment.

We also have a dedicated intake form to help you get the ball rolling. Our intake team will review your specific case and advise you on the next steps to take and what to expect moving forward.

Our Edmonton office is open 8:30 a.m.—4:30 p.m., Mon—Fri.

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Sarah Levine - Vest Estate Law

Sarah Levine

WILLS and ESTATES LAWYER

Sarah Levine is a lawyer in the firm’s Edmonton office. She carries on a varied practice, focusing on all forms of estate planning and estate administration.

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Includes all aspects of finalizing an estate, dealing with the assets and debts of an estate and distribution to beneficiaries.
Many personal representatives (executors) request that estate administration lawyers administer the estate for them.

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Estate litigation includes dispute of a will,  making a claim against the estate as a spouse of the deceased, disinheritance, or if you think there has been undue influence in the process of making a will.

Our estate litigation lawyers act for personal representatives (executors), administrators, beneficiaries, spouses and adult interdependent partners (“AIP”) of a deceased individual.

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EDMONTON

Suite 400, 10216 124 Street, Edmonton, Alberta T5N 4A3
Local: (587) 442-3553
Toll-Free: 1 (877) 448-3131

CALGARY

Suite 700, 396 11 Ave SW, Calgary, Alberta T2R 0C5
Local: (403) 226-9757
Toll-Free: 1 (888) 382-0033

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Local: (604) 256-7152
Toll-Free: 1 (877) 415-1484

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Suite 203, 4807 50 Avenue, Red Deer, Alberta T4N 4A5
Local: (587) 441-3770

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  • Areas of Estate Law
    • Estate Administration
      • Grant of Administration
    • Estate Planning
      • Enduring Power of Attorney
      • Personal Directives
      • Will Planning
    • Estate Litigation
      • Contesting a Will
      • Elder Law
      • Estate Mediation
      • Estates & Trusts
      • Guardianship & Trusteeship
    • Grant of Probate
    • Advanced Care Planning
    • Business Owner Retirement Planning
    • Business Succession Planning
    • Charitable Giving
    • Digital Assets Upon Death
    • Testamentary Trust
  • Locations & Team
    • Meet Your Team
    • Locations
    • Contact Us
  • Knowledge Centre
    • Alberta Family Law
    • Estate Planning Info
    • Wills Deep Dive
    • Estate Administration
    • Probate Help
    • Calgary Articles
    • Edmonton Articles
    • Vancouver Articles