Personal directives are legal documents which allow you to name a decision maker and/or provide written instructions to be followed when, due to illness or injury, you no longer have the capacity to make decisions such as where you will live or the medical treatment you will receive.
Starting on June 30, 2008, you will also have option of registering your personal directive to make it easier for health care providers to confirm that you have a directive and to contact the people you have named to make decisions on your behalf. Find out more.
Amendments to the Personal Directives Act were made following a legislative review that included a consultation with over 4,300 Albertans.
Writing a personal directive is now easier than ever before, thanks to amendments to the Personal Directives Act.
The following forms have been created to help you write your own personal directive. You now have the option of completing a form or using it as a guide to write your own.
- Schedule 1 – Personal Directive Form (OPG5521): Once completed, this form may be used as a personal directive. While it is not necessary to use this form to create a personal directive, you may want to use it at a guide when creating your own document.
- Instructions on using the Personal Directives Form: This document will give you step-by-step instructions on how to complete the voluntary personal directive form (Schedule 1). Each item is explained and outlines what should be included.
At least one of the following forms must be completed by the appropriate individual(s) to declare that an individual lacks capacity to make personal decisions. Once one of these forms is completed, the personal directive comes into effect.
- Schedule 2 – Declaration of Incapacity (OPG5522): This form is to be completed by a person designated in the personal directive to determine capacity after consultation with a physician or psychologist.
- Schedule 3 – Declaration of Incapacity to Make Decisions About A Personal Matter (OPG5523): This form is to be completed by a service provider of the maker of the personal directive after consulting with a physician or psychologist.
At least one of the following forms must be completed by the appropriate individuals to declare that an individual has regained the capacity to make personal decisions. This should only be completed after a personal directive is in effect and significant change has been noticed in the individual’s capacity.
- Schedule 4 – Determination of Regained Capacity (OPG5524): This form is to be completed when the agent notices a significant change in the individual’s capacity and a service provider who provides healthcare services agrees that the individual has regained the capacity to make decisions about personal matters.
- Schedule 5 – Determination of Regained Capacity (OPG5525): This form is to be completed when a service provider who provides or intends to provide healthcare services to the individual notices a significant change in the individual’s capacity and the agent agrees.
If there are disagreements on whether the maker of the personal directive has regained capacity, the following form can help resolve issues.
- Schedule 6 – Determination of Regained Capacity (OPG5526): This form must be completed by two service providers, one of who is a physician or psychologist, after a personal directive is in effect when the agent and service provider who providers healthcare services to the individual disagree that the individual has regained the capacity to make decisions about personal matters.
If you have a complaint regarding the action of an agent, complete the following form and send it to the Office of the Public Guardian.
Video presentation (This video clip can be viewed with Windows Media Player.)
Audio – Understanding Personal Directives