Wills - Enduring Powers of Attorney - Personal Directives

Your Will

A Will appoints an executor or executors, now commonly called a personal representative, who will distribute the property forming part of your estate as you direct, upon your death. It also allows you to appoint guardians to care for your minor children after your death. This document is revoked if you get married (but not if you get divorced) and may otherwise only be revoked by you. Those you appoint as personal representatives do not have any power to administer your estate until you die. Without a will, your estate will be distributed in accordance with legislation in effect at the time of your death. You should review your will every few years and any time your family status changes.

Your Enduring Power of Attorney (EPA)

An EPA allows you to appoint an attorney or attorneys that can stand in your place to deal with your financial matters, including real estate and investments. The EPA can be designed to take effect immediately or to take effect only when it has been determined that you no longer have mental capacity to manage your financial affairs (for example, in cases of coma, dementia, Alzheimer's disease or other mental disability). The determination of mental capacity can be made by your family doctor or the unanimous opinion of two medical doctors, or in some other fashion if you desire. The attorney can be your spouse, with your children as alternative or co-attorneys, or anyone else living in the province and whom you trust to act in your best interests. Under the legislation, an attorney does not need to be in Alberta (although it’s easier).

Your Personal Directive (PD)

A PD allows you to appoint an agent or agents that will make decisions on your behalf concerning any personal matters, including your health care, or your placement in a long-term care facility in the event you are incapable of making decisions yourself. Personal decisions include giving consent, refusal to give consent or the withdrawal of consent for any personal matter that is non-financial including some of the following:

• health care;
• accommodation;
• with whom you may live or associate;
• participation in social, educational and employment activity; and
• any other matter which is included in the regulations

When it comes to health care, the PD, which is something similar to what was formerly known as a "Living Will", will provide direction to your agent(s) in circumstances when decisions regarding the above matters must be made. When considering making a PD, we suggest that you consult with your family doctor to discuss the medical strategies and procedures that may be relevant to you.

The purpose of the PD (and Will and EPA) is to have your wishes carried out with clear instructions so as to prevent a legacy of unnecessary family tensions. Feelings of guilt may prevent a loved one from acting on the basis of the patient's wishes and best interests, especially with regard to the withdrawal of life support. Having these documents in place also puts your appointed decision-makers at ease, knowing they will be making decisions with the benefit of your forethought and guidance in a situation where you may no longer be able to directly communicate your instructions.

For more information, please contact Amanda Moroz at her email address amanda.m@goodlawfirm.ca or telephone our office at 780-459-0133. You may also speak with Wendy Phillips-Berard.