A personal directive is a document that provides instructions for the personal care and/or health care decisions by the person who makes the directive. The instructions in this document are often referred to as a living will and appoint a person to carry out these wishes.
A personal directive permits an individual to ensure that his or her wishes are expressed while they are capable with respect to their personal care. Duties and powers that can be exercised by the person appointed to make decisions for the person include personal care and health care decisions that may include a no heroic measures clause or advance instructions provided in cases of mental illness.
The personal directive is only enforceable when the individual who has provided the directive is no longer able to make these decisions for him or herself.
A lawyer should be consulted to draft a personal directive. This directive will be enforceable if:
- The requirements for creating a valid directive have been satisfied
- The maker is incapable of making personal care decisions, and
- The personal care provided is consistent with the direction or authority give in the personal directive.
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Shajani LLP is a CPA Calgary, Edmonton and Red Deer firm and provides Accountant, Bookkeeping, Tax Advice and Tax Planning services.