FAQs About Personal Directives in Alberta
At Mobile Wills Calgary, we answer a lot of questions about Personal Directives — especially from Albertans who want peace of mind, but aren’t sure where to start.
Here are the most frequently asked questions about Personal Directives in Alberta, answered in plain language.
What is a Personal Directive?
A Personal Directive is a legal document that allows you to name a trusted person (called an “agent”) to make healthcare and personal decisions for you if you become mentally incapable.
These decisions might involve:
Medical treatment or end-of-life care
Where you live or receive care
Who can visit you
Cultural, religious, or comfort-based preferences
It only takes effect when you’ve lost capacity — and not before.
Is a Personal Directive the Same as a Living Will?
In Alberta, the legal term is Personal Directive. “Living Will” is commonly used in the U.S. or in other provinces, but doesn’t have a specific legal definition here.
Important: Only a Personal Directive is recognized by Alberta law as a binding legal document.
When Does a Personal Directive Take Effect?
Your Personal Directive becomes active only after you’re found to lack capacity to make personal decisions. This is typically confirmed by:
A doctor or psychologist
Completing a formal assessment of mental capacity
Until that happens, you retain full decision-making rights.
What Types of Decisions Can My Agent Make?
Your agent can make non-financial personal decisions, such as:
Accepting or refusing medical treatments
Choosing between care at home, hospital, or assisted living
Directing pain management preferences
Deciding on life-sustaining treatments (like ventilators or feeding tubes)
Organ donation or religious considerations
Approving or declining participation in research studies
They cannot make financial or legal decisions. Those require a separate Enduring Power of Attorney (EPA).
Who Should I Choose as My Agent?
Your agent should be:
Over 18 years old
Someone who knows you well and understands your values
Willing to follow your wishes, even under pressure
Emotionally strong enough to handle medical decisions
Likely to be available when needed (ideally living in Alberta)
You can name:
One agent, plus an alternate
Two agents jointly, though this can create complications
Can I Give Instructions in My Personal Directive?
Yes — and we encourage it. You can be specific about:
Your preference for certain medical treatments
When to use or withhold life support
Pain management or palliative care
What matters most to you (e.g., quality of life vs. longevity)
You can also leave broader statements of your values and priorities, so your agent can apply them in situations you didn’t foresee.
What Happens If I Don’t Have a Personal Directive?
If you become mentally incapacitated without a Personal Directive, your family or friends may:
Disagree on your care
Be unable to make decisions
Be forced to apply for court-appointed guardianship, which is slow, expensive, and emotionally difficult
A valid Personal Directive avoids all of this — and keeps you in control of your care.
Is a Personal Directive Required by Law?
No, it’s not legally required — but it’s strongly recommended.
Alberta’s Personal Directives Act allows any mentally capable adult to create one. Without it, care providers may delay decisions or turn to the courts to appoint someone to act on your behalf.
Can I Cancel or Update My Personal Directive?
Yes. You can revoke or replace your directive at any time — as long as you are still mentally capable.
Common reasons to update:
Your agent passes away or moves away
You change your mind about medical care
A new diagnosis prompts more specific instructions
You create a new estate plan and want all documents aligned
At Mobile Wills Calgary, we help you update your directive anytime your situation changes.
Do I Need a Lawyer for a Personal Directive?
It’s not mandatory — but it’s highly recommended.
Why? Because many online templates:
Are too vague
Don’t meet Alberta witnessing rules
Don’t include alternate agents
Fail to capture your actual priorities
A lawyer-drafted directive ensures clarity, legal compliance, and practical protection when it matters most.
