Personal Directive vs. Enduring Power of Attorney in Alberta

Planning for the future is not only about deciding how your estate will be distributed after death. It also involves preparing for circumstances where you may be alive but unable to make decisions for yourself. Two important legal tools in Alberta can help with this: a Personal Directive and a Enduring Power of Attorney.

Both documents play vital roles in estate planning, but they serve very different purposes. This guide from the Wills & Estates team at Libra Law explains how each works, what they cover, and how to decide which is right for your situation.

What Is a Living Will?

A Personal Directive, often referred to as a Living Will in Alberta, allows you to express your wishes regarding personal and medical decisions if you become unable to communicate or make decisions yourself. It takes effect while you are alive and applies in situations involving illness, incapacity, or serious injury.

Common instructions in a Personal Directive may include:

• Preferences for medical treatments or life support
  
• Decisions about organ donation
  
• Directions for long-term care or palliative care
  
• Choice of decision-maker (agent) for health-related matters
  

Creating a Personal Directive ensures that your values and preferences are respected even if you are unable to speak for yourself. Without one, your loved ones may face uncertainty or conflict over your care.

For more information on personal decision-making authority, visit our related article on the Enduring Power of Attorney in Alberta.

What Is an Enduring Power of Attorney?

A Power of Attorney is a legal document that gives someone you trust the authority to manage your financial and legal affairs. Unlike a Personal Directive, it deals only with property and finances, not personal or medical decisions.

In Alberta, there are two main types of Power of Attorney:

1. General Power of Attorney – Effective immediately and typically used when you are capable but want someone to handle your affairs temporarily, such as during travel.
   
2. Enduring Power of Attorney – Remains in effect if you become mentally incapable of managing your finances. This document is an essential part of long-term estate planning.
   
   

With a Power of Attorney, your chosen representative (called an attorney) can pay bills, manage bank accounts, sign legal documents, and handle property transactions on your behalf.

Key Differences Between a Personal Directive and Power of Attorney

Although both documents are used during your lifetime, they serve very different functions:

In short, a Personal Directive speaks to how you want to live, while an Enduring Power of Attorney governs how your finances are managed if you cannot act for yourself.

Why You Need Both Documents

Having only one of these documents in place may leave gaps in your protection. For example, an Enduring Power of Attorney allows someone to pay your mortgage or manage investments, but it does not authorize them to make health care decisions. Similarly, a Personal Directive ensures your care preferences are followed but provides no authority over your finances.

By preparing both documents, you ensure that all aspects of your life - personal, medical, and financial - are properly managed if you become incapacitated.

If you already have a will, adding these documents creates a complete estate plan in Alberta that protects you during your lifetime and after your passing.

Choosing the Right Decision-Makers

Selecting trustworthy individuals is one of the most important parts of creating these documents. Consider appointing:

• Someone who understands your values and wishes
  
• A person capable of handling responsibility and pressure
  
• Separate individuals for each role, if appropriate (one for medical, one for financial decisions)
  
  

You may also name alternates in case your primary decision-maker is unable or unwilling to act. Our Calgary wills and estates lawyers can guide you through this process to ensure your appointments are clear, legally valid, and properly documented.

How to Create a Personal Directive and an Enduring Power of Attorney in Alberta

To make these documents valid, Alberta law requires:

1. You must be mentally capable when signing.
   
2. The documents must be in writing and properly witnessed.
   
3. The appointed person must be legally eligible (for example, not a minor or someone providing paid health care).
   
   

A lawyer can help ensure your documents comply with all formal requirements and that your wishes are expressed clearly. If changes occur in your life, such as marriage, divorce, or relocation, you should review and update these documents promptly.

For related information, see our guide on Digital Assets in Alberta: Do They Belong in Your Will?, which explores another important part of modern estate planning.

Final Thoughts

A Personal Directive and an Enduring Power of Attorney are essential tools for protecting your personal and financial well-being. They ensure that the people you trust can act on your behalf if you become unable to make decisions yourself.

By creating both documents with the help of a qualified wills and estates lawyer in Calgary, you provide clarity, prevent conflict, and secure peace of mind for you and your loved ones.

Book a consultation with Libra Law’s Wills & Estates team today to create or update your estate plan.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. To obtain advice specific to your situation, please consult a lawyer or qualified professional.