A Personal Directive is a document in which you can give another person or persons, called "Agents", authority to make decisions on your behalf regarding your non-financial personal matters. A Personal Directive takes effect at the time you no longer have the ability to make such decisions.
If you are unable to make such decisions, no one, relatives nor friends, has legal authority to make decisions for you, unless you have given authorization to an Agent in a Personal Directive, or the court appoints a guardian to act on your behalf.
You may give your Agent or Agents unlimited or limited authority to make decisions regarding your personal matters.
The personal matters you can address in a Personal Directive include, among other things:
A Personal Directive becomes effective with respect to a personal matter only when you lack capacity with respect to that matter. You lack capacity upon the written declaration of a physician or psychologist and one other designated person.
A Personal Directive may be revoked at any time by you, as long as you understand the consequences of revoking your Personal Directive.
A Personal Directive cannot deal with your property and financial matters. These matters must be provided for in a document called an Enduring Power of Attorney.
The requirements of a legally enforceable Personal Directive are specified in the Personal Directives Act. The authority and duties of Agents and professional personal service providers acting pursuant to a Personal Directive are also specified in the Personal Directives Act.
For further information on Personal Directives, or Enduring Powers of Attorney you are encouraged to contact any of the lawyers on our staff or, in particular, you may wish to contact Richard Davidson, Q.C., Cindee Nyrose, or Roy Davidson