What,Personal,Directive,Person law What is a Personal Directive?
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Personaldirective is a legal document available in Alberta, which allows you to name a decisionmaker and/or provide written instructions in case you are no longer able tomake decisions (because of an illness or injury). Personal directives and allthe related things are regulated by the Personal Directives Act. You can signsuch document if you are over 18 years old and the instructions specified inthis document must be non-financial (for any financial instructions there is anEnduring Power of Attorney) like choosing a medical treatment for example.Personal Directive has two benefits, first that you have more control of thesituation even if you cant make a decision and second that your relatives willbe relieved of choosing what is right and will follow your instructions. It isimportant to remember that you need to analyze all the contents of the personaldirective. Of course you will be able to make any changes in this document, butit is always better to save time and money spent on rewriting the document.Also the personal directive must be dated, signed by the maker, and witnessedby someone else. The PersonalDirectives Amendment Act that took effect on June 30, 2008 made the writing of personaldirective even easier for Albertans. For example with the new amendmentsparents can appoint an agent who will make decisions about the care andeducation of their children until a guardian is appointed. Personal directives andequivalent documents that were written outside of Albertaare now recognized as valid if they meet the personal directives criteria in Alberta. Now maker,agent or a service provider can request reassessment, if mental capacity appearsto be regained. And one of the most important changes the voluntary personaldirectives form that makes it easier for Albertans to write a personaldirective. In this form Public Guardian can be named as sole agent, for peoplewho dont have anyone to represent them to choose a decision maker. There isalso a personal directives online registry established. It will be used voluntarilyand free of charge and it allows approved health care providers to contact theagents if a maker has lost mental capacity. Public Guardian is also authorizedto investigate complaints about agents who cause physical or mental harm to themaker. Anassessment of capacity can be completed only by two people one of which mustalways be a physician or psychologist. The maker also has the possibility to namea trusted person who will assess their capacity in consultation with aphysician or psychologist. Also in the new Personal Directives Amendment Act reassessmentcan be requested by a maker, agent or a service provider, if mental capacity ofthe patient appears to be regained. After the agent and the service provideragree that the capacity has been regained they can sign a regaining capacityform. If cant reach an agreement they must refer the maker for an in depthassessment by other two service providers.
What,Personal,Directive,Person