When Does a Personal Directive Take Effect in Alberta?
A Personal Directive gives someone the authority to make healthcare and personal decisions on your behalf — but only if you lose the ability to make those decisions yourself. It’s important to understand how this legal process works so that your wishes are respected at the right time.
This guide explains when your Personal Directive becomes legally active in Alberta and what steps are involved.
What Does "Losing Capacity" Mean?
Under Alberta law, your Personal Directive only takes effect if you are found to lack the mental capacity to make personal decisions. This means you are no longer able to:
Understand information about a decision, and
Appreciate the consequences of making (or not making) that decision
This is usually due to an accident, illness, cognitive decline, or other medical condition.
Who Decides That You Lack Capacity?
The determination is typically made by a qualified healthcare professional, such as:
A physician (doctor)
A psychologist
In some cases, two health professionals may be required depending on the wording in your directive
Your Personal Directive can specify how this determination should be made, such as requiring:
One physician, or
Two independent professionals, or
A written letter by a specific doctor
Once that determination is made and properly documented, your agent can begin acting on your behalf.
What Happens When the Directive Becomes Active?
When you’re found to lack capacity, your named agent takes over the responsibility to make personal decisions for you. They must:
Follow the instructions in your directive
Respect your known values and beliefs
Act in your best interests
Keep records of decisions made on your behalf
Your agent is not permitted to override your written wishes or act in ways that are inconsistent with what you’ve clearly stated.
Can I Still Make Decisions if I Regain Capacity?
Yes. If your condition improves and you regain mental capacity, your Personal Directive becomes inactive again. You take back full control over your own personal and medical decisions.
This flexibility is important in situations where incapacity is temporary — such as recovery from a head injury or major surgery.
Can I Choose When My Personal Directive Takes Effect?
Yes. You can include a clause in your directive that says it only takes effect:
After a specific diagnosis (such as dementia)
Only with a written letter from a doctor
After consultation with a named individual
In the event of a coma or other loss of consciousness
Mobile Wills Calgary helps clients include clear activation instructions that align with Alberta law and your personal preferences.
Why This Step Matters
Without a clear process for determining incapacity:
Your agent may face delays in acting
Medical professionals may hesitate to follow the directive
Family members may disagree about your condition
Courts may need to be involved if there’s a dispute
By clearly stating how and when your directive takes effect, you protect your care and avoid confusion during a stressful time.
At Mobile Wills Calgary, your directive will:
Include clear and enforceable activation terms
Comply fully with Alberta’s Personal Directives Act
Reflect your personal preferences for when and how your agent can act
Be drafted and reviewed by a lawyer — no templates or guesswork
We guide you through the process so that your directive is ready for real-life situations.
