What is a Personal Directive?

A Personal Directive is similar to a Power of Attorney. It only takes effect if you lose mental capacity, and appoints a person (called your Agent) to make decisions for you about your healthcare, treatment, activities, and where you reside. A Power of Attorney deals with your finances, while a Personal Directive deals with your “person”.

If you lose mental capacity, the Agent and a healthcare provider will complete the paperwork in order to certify that you are mentally incapable of looking after yourself. The Agent will then step in to discuss treatment or other medical decisions with your doctor. When making a decision for you, the Agent must try to consult with you, even if you are considered not entirely competent.

The Personal Directive can include some specific instructions for your Agent to follow. Common instructions include the direction that you do not wish to be kept alive by artificial means, and want life support removed if it is only prolonging a natural death. You can also include instructions regarding pain medications and treatments which you may want administered. It is important that you talk to a lawyer so you know all the options and ensure the Personal Directive is properly worded.