The
following information has been provided by the Government of Alberta to provide answers to frequently asked questions
about personal directives.
Why
do we need this legislation?
Albertans
want to be able to predetermine who makes decisions for them and what
decisions are made when they are unable to make decisions for themselves.
Previous legislation did not provide a means for Albertans to provide
instructions for future personal decisions or appoint someone to make
such decisions on their behalf. This Act will respect individual autonomy
and give individuals the opportunity to extend their right to self-determination
over personal matters to possible future incapacity.
What
does this legislation do?
In anticipation
of future periods of possible incapacity, individuals could:
- Write
down instructions about personal matters such as:
health
care, accommodation, with whom a person lives, participation in
social, educational and employment activities, legal matters and
normal day to day decisions.
- Choose to designate an agent or agents and their authority, to
act on your behalf.
- Ensures
that people who make a personal directive will have a voice in the services
and care they receive.
Who
will benefit?
- Adult
Albertans, 18 years of age and over, who are capable of understanding
the nature and consequences of a personal directive and want greater
control over their future personal matters even if they become incapacitated.
- Families
and friends will know that decisions made on behalf of loved ones
will be based on the individual's instructions and beliefs, wishes
and values.
- Service
providers will be able to rely on an agent (if one is named) to
make decisions on the individual's behalf and, if an agent is not
named, follow the individual's clear and relevant instructions. As a
last resort, if an individual can't name an agent to make decisions
on their behalf, the Office of the Public Guardian will be able to
act as their agent.
Will
I need a lawyer to make a personal directive?
No. The
legislation suggests a simple process to make a personal directive.
You are required to make a personal directive in writing, be dated and
be signed at the end in the presence of a witness. The witness may not
be your spouse, your agent or your agent's spouse.
You may
wish to consult your family physician or lawyer when making a personal
directive to ensure your instructions are clear.
If you name
an agent to make decisions on your behalf, you should also make sure
that the person understands your wishes and is willing to make decisions
for you, if you are unable to do so.
How
does this differ from right-to-die legislation, euthanasia, or physician-
assisted suicide?
This
act will not allow people to decide how and when they will die.
The Act will only allow an individual to extend his existing right to
consent to or refuse proposed care and services into possible future
periods of incapacity.
Illegal
actions such as assisted suicide or euthanasia are prohibited.
Can
I change my mind?
Yes, if
you have capacity (i.e. understand the nature and effect of your personal
directive) then you can change or revoke it whenever you want. This
can be done in several ways, including making a new directive. You may
specify a date or event that triggers the revocation of your directive,
for example, you might provide instructions that the directive is automatically
revoked five years after the day it was made.
If you change
your mind about the instructions in your directive, you should change
your directive immediately.
Why
has the scope of the legislation been expanded beyond health care?
Albertans
will have the opportunity to plan for possible future incapacity in
all personal matters, not just health care.
If you
choose to make a personal directive, make sure close friends or relatives
know you have a directive and where it is. Give a copy to your doctor
and/or your lawyer, and if you have chosen to name one, to your agent(s).
What has been changed in the most recent amendment?
Some of the changes include: The set-up of an online registry where
health care providers can search for personal directives of the patients
they are caring for.
The Office of the Public Guardian can now investigate complaints about
agents if their decisions are likely to cause physical or mental harm to
the individual.
The Personal Directives form is now online and can either be filled out
or used as a guide in writing their Personal Directive.
Parents with minor children are now able to name an agent who will decide
on care and education matters of their children until a guardian is appointed.
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