Myths About Personal Directives

1. Personal Directives can be used to demand euthanasia or assisted suicide.

2. A family member or friend can write a Personal Directive on behalf of an individual who has lost capacity.

3. A Personal Directive can "require" the provision of medically futile treatment.

4. A Personal Directive is only valid for someone who is terminally ill.

5. Directives of a family member can override the directives of an Agent who is not a member of the patient's family.

6. A health care professional can be sued for following the clear instructions in a Personal Directive.

7. Living wills that do not meet the requirements of the Personal Directives Act are not legal, and need not be followed.

8. A patient who has been declared to be incapacitated pursuant to this statute can still revoke or change a Personal Directive.

9. A photocopy of a Personal Directive is not valid.

10. A Personal Directive that requires the withdrawal of tube feeding need not be followed, since food is a necessity of life.

11. A physician can override the instructions of an Agent if the physician determines that they are not in the patient's "best interests."

12. A person under the age of 18 can write a Personal Directive, if he or she is terminally ill.

13. Emergency treatment cannot be provided to an incompetent person with a Personal Directive until a copy of that Directive is provided.

14. A Personal Directive must be prepared by a lawyer.

15. Only a physician can determine and individual's "incapacity".

16. An Advance Directive made in another province or state is not legal in Alberta.

17. A Personal Directive made by a psychiatric patient is automatically void.

18. A Personal Directive can be required before admission to a residential facility.

19. An Agent has no right to see the patient's medical record, as it is confidentia