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A personal directive is a document that appoints someone to be your agent and make personal decisions on your behalf if you become incapable.
Like an attorney named in a springing enduring power of attorney, your agent would have no authority until you become mentally incapable of making decisions for yourself. The difference is that while an attorney is named to deal with your property and financial affairs, your agent would have the authority to make any non-financial decisions on your behalf. If you are looking for a wills and estates lawyer in NW Calgary, choose Dukeshire Law Office. We have the experience and team to help you secure your family’s future. Our areas of expertise also include real estate and notary services.
Agents would typically be making decisions for you in respect to things like your health care; end of life decisions; accommodation; whom you live and associate with; your participation in social, educational and employment activities; and other legal matters not pertaining to your estate.
If you do not have a personal directive and you become incapable of making personal decisions for yourself, someone may need to apply to the courts for an order of guardianship.
Again, this procedure can be expensive, and may result in a different person having guardianship over you than you would otherwise choose, resulting in different decisions being made.
A personal directive allows you to choose a trusted individual called an agent. An agent is allowed to make decisions such as:
Frequently Asked Questions
• Why should you make a will?
A will ensures your wishes are carried out with minimal expense and delay, relieving stress and saving time and expenses for your family and beneficiaries after your death. When you prepare a will, you will be able to direct how your property is dealt with after your death, and name a personal representative to ensure your wishes are carried out accordingly. You will also be able to name a guardian for children who are minors at the time of your death.
• What happens if you pass away without making a will?
If you die without a will, the Wills and Succession Act will determine what will happen to your property. If you pass away leaving your children and no spouse, then everything will be divided equally amongst your children.
Call Our Lawyers
We can assist you with drafting and understanding the roles of personal directives. If you need our help, get in touch with our wills and estates lawyers in NW Calgary.
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