What Is the Difference Between a Power of Attorney and a Personal Directive in Alberta?
This answer covers the law of Alberta.
They cover different things: an enduring power of attorney (EPA) is for financial matters, and a personal directive is for personal matters. An EPA is a legal document under the Powers of Attorney Act by which an adult gives another person authority to make financial decisions. A personal directive covers personal (non-financial) matters such as medical treatment and where the donor lives, and the person named as agent makes these decisions. They are separate documents, so a person planning ahead would normally consider both.
An EPA is made while the donor is capable, and it can take effect immediately and continue if capacity is lost, or take effect only once capacity is lost. A personal directive applies only once the maker is found to lack capacity, confirmed by an assessment and a Declaration of Incapacity form.
A personal directive must be signed by the maker and a witness, need not be notarized, and is not submitted to the court or the OPGT. Without a personal directive, a family member or friend may need to go to court to become a guardian, and without an EPA, a trustee may have to be court-appointed.
Key takeaways
- An EPA covers financial matters, while a personal directive covers personal matters such as medical treatment and where you live.
- An EPA can take effect immediately or only once capacity is lost, but a personal directive applies only once the maker is found to lack capacity.
- A personal directive must be signed by the maker and a witness, and it is not submitted to the court or the OPGT.
- Without an EPA a trustee may have to be court-appointed, and without a personal directive a family member or friend may need to go to court to become a guardian.