Encourage agent selection
The most important legal component of advance care planning is the careful selection and appointment of an agent(s) in a personal directive. Your role as a healthcare provider is to help people understand the importance of selecting an agent(s) in a personal directive.
About personal directives
In Alberta, a personal directive is the legal document used to (i) outline a person’s health and personal care instructions and (ii) name one or more people (called agents) to make care decisions for them if they become too sick or injured to make their own. It can include information about their values, treatment preferences and other wishes such as where they would like to live.
A personal directive must be written while a person has mental capacity. It only comes into effect if a decision is required and the person is found to lack the capacity to make that decision.
How to create a personal directive
A person can complete a personal directive with a lawyer or on their own. A personal directive template and instructions are available from Alberta’s Office of the Public Guardian and Trustee.
- The Green Sleeve Kit includes printed copies of the template and instructions.
- The My Wishes Alberta workbook includes a link to these resources.
Frequently asked questions
Below are common questions you may get from people about personal directives and agent selection.
Doesn’t my will cover decision-making about my health and personal care?
No, a personal directive is different than a will. A will is a legal document outlining how you would like your property, possessions and money to be given out after you die. It doesn’t cover health and personal care decisions.
Why should I have a personal directive?
Having a personal directive:
- Gives you a say in your care and peace of mind that your wishes are known.
- Reduces conflict and stress when care decisions must be made.
- Helps healthcare provider(s) understand what matters to you so we can offer you the best possible care.
What qualities should I consider when selecting an agent?
An agent must be at least 18 years old and have decision-making capacity. A good agent is someone who:
- You trust to make decisions based on your values, wishes and beliefs.
- Can communicate clearly and collaborate with the healthcare team.
- Can make difficult decisions in stressful situations.
- Is willing and available to be your agent - it is best to ask before naming them in your personal directive.
It is a good idea to name one or two alternate agents who can act if your preferred agent is unable to do so.
What happens if I don’t appoint an agent?
It’s important that everyone over the age of 18 has a personal directive. If you don’t have a personal directive and lose the ability to make your own decisions:
- In the short term: Healthcare providers may lack clear guidance about how best to care for you. We may need to rely on your nearest relative to make a one-time decision for you, and this may not be the person you would choose. This is called specific decision-making.
- In the longer term: A family member or friend may have to go to court to become your guardian to make decisions on your behalf. This process can take considerable time and money.
What if I’m capable of making health decisions but I need help?
If you need or want help making personal, non-financial decisions, you can authorize someone to assist you. This is called supported decision-making.
Example conversation starters
Healthy adults
Now that you’ve become a parent/guardian, you may want to consider something called a personal directive. Have you heard of this before?
A personal directive is a legal document that outlines what’s important to you and who you want to make care decisions for you if you become unable to do so. This person is called your agent. Having a personal directive can make difficult times easier for you and your family, especially when an unexpected event happens.
Can I offer you some more information?
People living with illness
When people are living with an illness or condition, it’s important for them to think about what’s important to them and who they would want to make care decisions for them if they become unable to do so. Have you given this some thought?
In Alberta, appointing this person(s) called your agent(s) is done through a legal document called a personal directive.
Sharing what’s important to you now can help your agent(s) be prepared to make decisions on your behalf if you’re not able to. It can create some peace of mind for you and reduce stress for your agent(s) and family. It can also help me and other healthcare providers give you the best possible care.
Can I offer you some more information?