- A personal directive deals only with personal care decisions such as health care, shelter and safety.
- It is in effect only when the maker is alive and incapable of making the decision.
- It must be written, dated, signed and witnessed by an adult.
If you have just heard the term "personal directive", you are not alone. It is a document about personal care, not money, and it often comes up when a family faces a health crisis or a loved one's declining capacity.
This article explains what a personal directive covers, when it takes effect, who it names to decide, and how it differs from a power of attorney.
This article covers the law of Nova Scotia.
What a personal directive covers
A personal directive deals only with personal care decisions, such as health care, shelter and safety. It does not deal with money or property.
In plain words, it is a way of putting in writing who you trust to make personal decisions for you if you ever cannot make them yourself. Thinking about it ahead of time can spare your family from guessing what you would want.
Powers of attorney generally cover estates and financial matters. Many people need both documents, because each covers a different part of life.
When it takes effect
A directive is in effect only when the maker is alive and incapable of making the decision. While you can decide for yourself, you keep making your own choices.
Notice that the wording is tied to the decision in question. How capacity would be judged in a particular situation depends on the facts, so it is worth confirming with a lawyer.
It also ends in the sense that it has no role after death. Matters about the estate are handled by the executor and the Probate Court, not by the person named in a directive.
Who is named to decide
The person named to decide is called the delegate. The delegate must be at least 19, unless the delegate is the maker's spouse.
If there is no delegate, or no directive that applies, a statutory hierarchy of decision-makers applies, with the Public Trustee last.
Naming a delegate yourself means you choose the person, instead of leaving the question to that hierarchy. Pick someone who knows you well, is willing to act, and can stay calm under pressure.
How it is made valid
A personal directive must be written, dated, signed and witnessed by an adult.
- The delegate cannot witness it.
- The delegate's spouse cannot witness it.
- Anyone signing for the maker cannot witness it.
Because mistakes in signing and witnessing can cause problems later, many people have a lawyer review the document.
Directive versus power of attorney
| Document | What it covers | When it applies |
|---|---|---|
| Personal directive | Personal care: health care, shelter, safety | Only when the maker is alive and incapable of making the decision |
| Enduring power of attorney | Estate and financial matters | Continues despite the donor's incapacity if it has an enduring clause |
A power of attorney becomes an enduring power of attorney when it contains an enduring clause, meaning it continues despite the donor's incapacity. If you want someone to handle money during a period of incapacity, ask a lawyer how that clause works in your document.
A power of attorney ends when the adult dies, regains capacity and ends it, or a court appoints an estate representative under the Adult Capacity and Decision-making Act. The Public Trustee does not supervise attorneys, and concerns go to the Supreme Court under the Powers of Attorney Act.
What to do next
- Decide whom you trust to make personal care decisions for you.
- Check that person is at least 19, or is your spouse.
- Talk to them about your wishes before anything is signed.
- Choose a witness who is an adult and is not the delegate, the delegate's spouse or someone signing for you.
- Ask a lawyer to review the document, and keep copies where your delegate can find them.
Once the document is signed, tell your family and your delegate where it is kept. Revisit it from time to time, especially after a major life change, and ask a lawyer whether it still suits your situation.
Frequently asked questions
Does a personal directive let someone manage my bank accounts?
No. A personal directive deals only with personal care decisions. Financial matters are generally handled under a power of attorney.
When does the delegate's authority begin?
A directive is in effect only when the maker is alive and incapable of making the decision.
Who can be my delegate?
The delegate must be at least 19, unless the delegate is the maker's spouse. Beyond that, choose someone you trust and who is willing to act.
What happens if I have no directive?
If no delegate or directive applies, a statutory hierarchy of decision-makers applies, with the Public Trustee last.
Sources
- Public Trustee – FAQ on adults considered mentally incompetent — novascotia.ca
- Public Trustee – FAQ on Health Care Decisions — novascotia.ca
- Department of Justice – Personal Directives in Nova Scotia booklet — novascotia.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
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