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- Personal
Directives can be used to demand euthanasia or assisted suicide.
- A family
member or friend can write a Personal Directive on behalf of an individual
who has lost capacity.
- A Personal
Directive can "require" the provision of medically futile
treatment.
- A Personal
Directive is only valid for someone who is terminally ill.
- Directives
of a family member can override the directives of an Agent who is
not a member of the patient's family.
- A health
care professional can be sued for following the clear instructions
in a Personal Directive.
- Living
wills that do not meet the requirements of the Personal Directives
Act are not legal, and need not be followed.
- A patient
who has been declared to be incapacitated pursuant to this statute can still revoke or change a Personal Directive.
- A photocopy
of a Personal Directive is not valid.
- A Personal
Directive that requires the withdrawal of tube feeding need not be
followed, since food is a necessity of life.
- A physician
can override the instructions of an Agent if the physician determines
that they are not in the patient's "best interests."
- A person
under the age of 18 can write a Personal Directive, if he or she is
terminally ill.
- Emergency
treatment cannot be provided to an incompetent person with a Personal
Directive until a copy of that Directive is provided.
- A Personal
Directive must be prepared by a lawyer.
- Only
a physician can determine and individual's "incapacity".
- An Advance
Directive made in another province or state is not legal in Alberta.
- A Personal
Directive made by a psychiatric patient is automatically void.
- A Personal
Directive can be required before admission to a residential facility.
- An Agent
has no right to see the patient's medical record, as it is confidential.
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Funding for the Provincial
Health Ethics Network has been provided by
Alberta Health and Wellness and the Regional Health Authorities
and Boards. |
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