Strategic Planning for Personal and Health Care Decisions: The Importance of Personal Directives

Personal and Health Care Decisions: The Importance of Personal Directives

Life’s unpredictability underscores the importance of planning for the unexpected. A personal directive—often called a living will—ensures that your wishes for personal and health care decisions are respected, even when you cannot advocate for yourself.

Without one, families may face uncertainty, delays, and legal complications while trying to make critical decisions on your behalf.

In this comprehensive guide, we’ll explore the key components of personal directives, their legal requirements, and their significance in estate planning. We’ll also address unique considerations such as “no heroic measures” clauses, Ulysses agreements, and the importance of appointing the right proxy. Finally, we’ll discuss the consequences of failing to create a directive and provide actionable steps to help you safeguard your autonomy and legacy.

What Is a Personal Directive?

A personal directive is a legal document that provides instructions for your personal and health care decisions if you become incapacitated. It serves two main purposes:

1. Directive Component: This outlines specific instructions, such as medical treatments you do or do not want, end-of-life care, and preferences for housing or personal care. This component is often referred to as a living will.
2. Appointment Component: You appoint a trusted individual, known as a proxy, to make decisions on your behalf when you are no longer capable of doing so.

 

Unlike a power of attorney for property, which deals with financial matters, a personal directive focuses exclusively on decisions related to your physical body and environment​​.

Why Are Personal Directives Essential?

1. Ensuring Your Wishes Are Respected

A personal directive allows you to document your preferences, ensuring that they are known and followed even when you are unable to communicate them.

2. Reducing Family Disputes

When a directive is in place, it eliminates uncertainty and potential conflicts among family members over what decisions should be made or who has the authority to make them.

3. Facilitating Quick Decision-Making

In emergency situations, having a directive ensures that your proxy can act quickly without the delays associated with seeking legal authority.

4. Providing Legal Clarity

In Canada, personal directives are governed by provincial legislation. They offer a legally recognized way to ensure your care preferences are enforceable​​.

 

Legal Requirements for Personal Directives

The creation and enforceability of personal directives vary by province. However, the following are common requirements across Canada:

1. Written Format

Most jurisdictions require personal directives to be written. They must be signed by the maker and, in many cases, witnessed.

2. Appointment of a Proxy

In many provinces, a proxy must be appointed to ensure someone has the legal authority to make decisions on your behalf.

3. Capacity at the Time of Creation

The maker must understand the nature and consequences of the directive when it is created.

4. Adherence to Formalities

Some provinces require specific formalities, such as the inclusion of certain clauses, witness requirements, and, in some cases, signatures from the proxy to confirm their acceptance of the role​.

Key Features of a Personal Directive

No Heroic Measures Clause

This clause specifies that life-sustaining treatments should be withheld or withdrawn if there is no prospect of recovery or meaningful quality of life. Instead, the focus shifts to comfort care, such as pain management​.

Ulysses Agreements

Named after the Greek myth, this type of directive allows individuals with known mental health conditions to provide advance instructions that remain binding, even if they later revoke them during a period of incapacity. This ensures that previous, well-considered decisions are followed​​.

 

Living Will

The living will component of a personal directive addresses specific medical and personal care instructions, particularly concerning end-of-life care. It can include preferences for palliative care, resuscitation, or the use of life-sustaining equipment​.

 

Choosing the Right Proxy

 The success of a personal directive hinges on selecting the right proxy. This individual must be:

• Trustworthy and aligned with your values.
• Willing and able to make tough decisions under pressure.
• Accessible and capable of collaborating with health care professionals.

It is also wise to appoint alternate proxies to ensure continuity if the primary proxy is unavailable​​.

 

Consequences of Failing to Create a Directive

If no personal directive is in place:

1. Default Decision-Making Laws Apply: Provincial laws will determine who can make decisions on your behalf, which may not align with your preferences.
2. Family Disputes: Without clear guidance, family members may disagree over what actions to take.
3. Delays in Care: Legal processes to appoint a substitute decision-maker can delay critical treatments.
4. Unwanted Outcomes: Your care may not reflect your values or preferences​​.

 

Steps to Create a Personal Directive

Step 1: Reflect on Your Preferences

Identify your values and priorities for medical care, housing, and end-of-life treatment.

Step 2: Consult Professionals

Work with legal and estate planning experts to ensure your directive complies with provincial laws.

Step 3: Choose Your Proxy

Select someone you trust to act as your decision-maker. Discuss your preferences with them to ensure they understand and are comfortable with the role.

Step 4: Formalize the Directive

Ensure the directive is written, signed, and witnessed according to the legal requirements of your jurisdiction.

Step 5: Communicate Your Plan

Share your directive with your proxy, family, and health care providers to avoid misunderstandings.

Step 6: Review and Update

Update your directive periodically to reflect changes in your health, preferences, or personal circumstances​​.

Case Study: Importance of Proper Planning

Scenario: A family patriarch suffered a stroke, rendering him incapacitated. Without a personal directive, the family disagreed on care decisions, leading to a costly and emotionally draining court battle.

Lesson:

A personal directive could have prevented this conflict by clearly outlining his wishes and appointing a proxy​​.

Conclusion: Take Control of Your Future

A personal directive is more than a legal document—it’s a tool to protect your autonomy, reduce stress for your loved ones, and ensure your care aligns with your values. By taking the time to create a directive, you safeguard your future and provide peace of mind to your family.

 

At Shajani CPA, we specialize in helping families integrate personal directives into comprehensive estate plans through our partners. Our expertise ensures your directive is tailored to your needs and complies with legal requirements. Contact us today to secure your future.

 

 

This information is for discussion purposes only and should not be considered professional advice. There is no guarantee or warrant of information on this site and it should be noted that rules and laws change regularly. You should consult a professional before considering implementing or taking any action based on information on this site. Call our team for a consultation before taking any action. ©2025 Shajani CPA.

Shajani CPA is a CPA Calgary, Edmonton and Red Deer firm and provides Accountant, Bookkeeping, Tax Advice and Tax Planning service.

Trusts – Estate Planning – Tax Advisory – Tax Law – T2200 – T5108 – Audit Shield – Corporate Tax – Personal Tax – CRA – CPA Alberta – Russell Bedford – Income Tax – Family Owned Business – Alberta Business – Expenses – Audits – Reviews – Compilations – Mergers – Acquisitions – Cash Flow Management – QuickBooks – Ai Accounting – Automation – Startups – Litigation Support – International Tax – US Tax – Business Succession Planning – Business Purchase – Sale of Business – Peak Performance Plans #PersonalDirectives #EstatePlanningCanada #HealthCareDecisions #ShajaniCPA