Does the AGTA replace personal directive and enduring power of attorney documents?
No. All adult Albertans are encouraged to plan ahead for a time when they may be unable to make decisions due to illness or accident. A personal directive allows Albertans to write instructions and name a decision maker for personal metters such as health care treatments and where to live. An enduring power of attorney allows Albertans to appoint a decision maker for finances and property if the ability to make these decisions is ever lost. Both are legal documents and must be prepared while the adult is capable. The AGTA applies in situations where an adult has lost capacity and does not have a personal directive or enduring power of attorney. In these circumstances, a relative or friend would have to apply to court to become the adult’s co-decision maker/guardian (for personal decisions). When an adult has no family member or friend who can take on these roles, the Public Guardian or Public Trustee may act as the adult’s decision maker(s).
