Most Albertans have heard of a will, but far fewer have a personal directive in place. That is a problem. A personal directive is one of the most important legal documents you can create, and one of the most overlooked. If you were ever unable to make decisions for yourself due to illness, injury, or cognitive decline, a personal directive ensures that someone you trust can act on your behalf according to your wishes.
Without one, your family could find themselves in court, spending thousands of dollars and months of time just to get the legal authority to make basic decisions about your care. It does not have to be that way.
What Is a Personal Directive?
Under Alberta’s Personal Directives Act (RSA 2000, c P-6), a personal directive is a legal document that allows you to name an agent who can make personal, non-financial decisions for you if you lose the capacity to make them yourself. The agent is sometimes called a decision-maker.
The decisions covered by a personal directive are broad. They include:
- Health care decisions. Consent to or refusal of medical treatments, surgeries, and procedures. Preferences around palliative care, resuscitation, and life-sustaining treatment.
- Residential decisions. Where you live, whether that is your own home, a care facility, or with a family member.
- Day-to-day personal matters. Diet, daily activities, social participation, and other aspects of your daily life.
A personal directive does not cover financial or property decisions. Those are handled by a separate document called an enduring power of attorney, which is governed by Alberta’s Powers of Attorney Act (RSA 2000, c P-20). The two documents work together, and every adult Albertan should have both.
What You Can Include
One of the strengths of a personal directive is that you can include specific instructions that your agent must follow. You are not limited to just naming someone and hoping they make the right calls.
For example, you can set out your wishes on:
- Whether you want life-sustaining treatment in certain situations
- Your preferences around organ and tissue donation
- Specific medical treatments you consent to or refuse
- The kind of living environment you want
- Your personal values and beliefs that should guide your agent’s decisions
These instructions give your agent clear direction when facing difficult decisions on your behalf. The more specific you are, the easier it will be for your agent to honour your wishes with confidence.
Why It Matters: The Alternative Is Expensive and Slow
Here is what happens if you lose capacity and do not have a personal directive. Your family has to go to court under the Adult Guardianship and Trusteeship Act (SA 2008, c A-4.2) to apply for a guardianship order. That process involves:
- A formal capacity assessment, which costs up to $500 for guardianship alone or $700 for a combined guardianship and trusteeship assessment
- Court filing fees of $300
- Criminal record and reference checks for the applicant
- A submission through the Office of the Public Guardian and Trustee (OPGT)
- A court hearing before a judge
All told, the government fees alone run $800 to $1,000 or more. Add legal fees on top of that, and a straightforward guardianship application can cost several thousand dollars. If the application is contested or involves complex circumstances, the cost goes up from there.
The process also takes time. It can be months before a guardianship order is granted. During that period, your family may not have the legal authority to make urgent decisions about your care.
A personal directive avoids all of that. It gives your chosen agent immediate authority to step in when needed, without court involvement, without delays, and without the financial burden.
Who Should Have One?
Every adult Albertan over the age of 18. Under the Personal Directives Act, any person aged 18 or older with mental capacity can create a personal directive. And they should.
Incapacity does not only affect the elderly. Car accidents, strokes, workplace injuries, and sudden medical events can happen at any age. A 35-year-old who suffers a serious head injury needs someone with legal authority to make medical decisions just as much as an 85-year-old with advanced dementia. The difference is that the 35-year-old probably has not thought about it yet.
Having a personal directive in place means you are prepared, regardless of what life brings.
What Makes a Personal Directive Valid in Alberta?
The formal requirements under section 5 of the Personal Directives Act are straightforward, but they must be followed exactly:
- The directive must be in writing and dated
- It must be signed at the end by the person making it, in the presence of one witness
- The witness must sign the directive in the presence of the person making it
There are restrictions on who can act as a witness. Your agent, your agent’s spouse or adult interdependent partner, and your own spouse or adult interdependent partner cannot witness the directive.
If the person making the directive cannot physically sign, another person may sign on their behalf in the presence of both the person making the directive and a witness.
One recent and important development: Alberta has permanently adopted remote execution for personal directives. Originally allowed on a temporary basis during COVID-19, the law now permits personal directives to be signed and witnessed remotely via video communication, provided a Law Society of Alberta member lawyer is present for the signing and witnessing and has provided legal advice on the documents. This is a significant change for people in rural Alberta who may not have easy access to a lawyer’s office.
Can You Change or Revoke a Personal Directive?
Yes. As long as you still have mental capacity, you can revoke or amend your personal directive at any time. Under section 8 of the Act, you can revoke it by:
- Creating a new personal directive (which automatically revokes the earlier one)
- Signing a written revocation statement
- Physically destroying the original directive
- Including a date or triggering event in the directive itself that ends it
If you want to make changes rather than start over, an amendment follows the same formal requirements as the original directive. It needs to be in writing, signed, and witnessed.
Can You Name More Than One Agent?
Yes. You can name multiple agents and designate alternate agents. If your primary agent is unwilling or unable to act when the time comes, the alternate steps in. You can also specify whether co-agents must act jointly (both must agree) or can act independently.
The OPGT and the Personal Directives Registry
Alberta’s Office of the Public Guardian and Trustee maintains a Personal Directives Registry where you can voluntarily register your directive. Registration is not required, but it can be helpful. Authorized health professionals and emergency responders can access the registry to confirm your agent’s contact details in an emergency.
The OPGT also receives complaints about agent conduct, investigates concerns, and can take action to protect vulnerable adults. In situations where no agent or guardian exists and an adult lacks capacity, the OPGT may step in as guardian of last resort.
How to Get Started
A personal directive must be made while you have the mental capacity to understand its purpose and effect. Do not wait until you are facing a health crisis to think about this. By then, it may be too late.
Working with a lawyer ensures your directive is properly drafted, meets the legal requirements under the Act, and coordinates with your other estate planning documents, including your will and enduring power of attorney. A lawyer can also help you think through the specific instructions you want to include and make sure your wishes are expressed clearly.
If you do not yet have a personal directive, contact our office to discuss your options. Learn more about our wills and estates services. It is one of the simplest and most meaningful steps you can take to protect yourself and your family.