Mistakes to Avoid in Personal Directives (Alberta)
A Personal Directive is one of the most powerful estate planning documents you can create — but it’s also one of the most misunderstood. Small errors in wording, structure, or execution can cause major problems when it’s time for your directive to be used.
At Mobile Wills Calgary, we’ve seen the most common issues that cause confusion or delays. Here’s how to avoid them so your wishes are clearly understood and legally protected.
1. Not Creating a Personal Directive at All
This is by far the most common mistake. Many Albertans assume their spouse, adult children, or next of kin will automatically be allowed to make medical decisions if they become incapacitated — but this is not always true.
Without a Personal Directive, your family may:
Be unable to make decisions
Face legal hurdles or delays
Be forced to apply for court-appointed guardianship
2. Using Vague or Contradictory Instructions
Clarity is critical. If your Personal Directive contains vague wording, or contradictory guidance (like refusing life support but requesting artificial feeding), your agent and healthcare providers may be left confused or uncertain.
Tips:
Be specific where it matters
Use plain language
Avoid contradictory terms like “use all life-saving treatments, but no machines”
Choosing someone just because they’re family — or because you feel obligated — is a mistake. Your agent needs to be:
Confident, available, and willing to act
Emotionally capable of making tough decisions
Familiar with your values and priorities
It’s also a mistake to name someone without telling them. Always have a conversation in advance.
4. Not Naming an Alternate Agent
If your first-choice agent is unavailable or unwilling to act, and no alternate is named, your Personal Directive may become unusable. This can delay important medical decisions.
Always name at least one alternate.
Some people avoid tough topics like resuscitation, pain relief, or life support — and leave their agent with no guidance. But this is exactly when your Personal Directive matters most.
If you feel unsure, use a values-based approach like:
“If there is no chance of recovery or meaningful interaction with loved ones, I would prefer comfort-focused care rather than aggressive treatments.”
In Alberta, for your Personal Directive to be valid it must:
Be in writing
Be signed by you while mentally capable
Be dated
Be witnessed by someone not your named agent or their spouse
Using online templates or forms from other provinces may result in invalid documents that aren’t recognized by Alberta institutions.
7. Storing the Directive Somewhere Inaccessible
Even a well-written Personal Directive won’t help if no one can find it. Avoid locking it in a safety deposit box or filing cabinet that no one knows about.
Tips:
Give a copy to your agent and alternate
Keep one with your other estate documents
Let your family doctor know about it
Consider uploading it to Alberta’s Green Sleeve program for healthcare access
8. Forgetting to Review or Update Your Directive
Your health, preferences, and relationships can all change over time. If your Personal Directive hasn’t been reviewed in years, it may no longer reflect your true wishes.
You should update it:
After a major health diagnosis
After a relationship change (e.g., divorce or separation)
If your agent moves away or passes away
Every 3–5 years as a general best practice
Your Personal Directive only covers personal and healthcare decisions. Instructions about bank accounts, bills, investments, or real estate should go in your Enduring Power of Attorney, not your Personal Directive.
We provide:
Lawyer-drafted Personal Directives that comply with Alberta law
Clear, plain-language instructions
Guidance on how to choose the right agent
Professional advice on what to include and how to store your document
Convenient mobile service with flat-rate pricing
