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Who will make decisions for me when I can no longer make them myself?
If I have a serious accident, if I am seriously ill, if I suffer from Alzheimer's, who will decide how I'm going to live? where I'm going to live? what activities I will be engaged in? what type of health care services will I be provided with? Since December 1, 1997, it is possible in Alberta to give binding Personal Directives with respect to such personal matters, and it is possible to designate an agent authorized to make a binding decision reflecting your values and your wishes. This is done through a written document which must be dated and signed at the end by you in the presence of a witness. These Personal Directives, and the decisions of your agent, are then binding on personal service and care providers.
Who is the Agent?
The agent should be a trusted friend with whom you have discussed your personal preferences, who presumably shares your values, and who can be trusted to make personal decisions on your behalf. Joint agents can be appointed, and it may be wise in any event to appoint an alternate agent.
Health Care Preferences
It is recommended that you discuss your health care preferences with your agent, and these should be set forth in your Personal Directives. What type of treatment, life-sustaining or otherwise, do you wish to have administered when your health fails you? What if you suffer a stroke? What if you suffer dementia? Any difference whether these conditions are mild, moderate or severe? What if you are in a permanent coma? Or suffer terminal illness? In any of the above situations, what type of life-sustaining treatments do you wish to have: cardiopulmonary resuscitation? ventilator? dialysis? life-saving surgery? life-saving antibiotics? tube feeding?
Your preferences with respect to any of the above can be specified in your Personal Directives or the choice may be left to your agent.
Personal Care Decisions
You should also discuss with your agent, and you may set out in your Personal Directives, your wishes with respect to your personal care, such as the type of shelter or living accommodation. Do you have any special concerns with respect to nutrition or the type of food which will be provided to you? How about personal grooming, appearance, cleanliness and hygiene? What type of clothes do you want to wear? Again, these are all decisions that should be discussed with your agent, and which can be set out in your Personal Directives.
What if I change my mind?
So long as you still have mental capacity, or, if you regain capacity after a lapse, you can revoke or amend and change your Personal Directives. The formalities of signing a written document at the end in front of a witness remain the same.
Conclusion
A Personal Directives is a powerful instrument which entitles you to make health care and personal care decisions now, to be effective when you can no longer make such decisions yourself. It also gives a trusted friend or relative the power to make such decisions for you. It names a guardian of your person for when you can no longer look after yourself, and it obviates the necessity of making an application to the Court for the appointment of a guardian.