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John McMullin • Apr 28, 2020

Personal Directives in the time of Covid-19

April 28, 2020 -

John McMullin, Associate Lawyer, LETOURNEAU LLP

It’s difficult to figure out how exactly COVID-19 will impact your own life. We live in a time of uncertainty, with social distancing, travel bans, and economic challenges. Deciding what to do if you contract the virus is an important step to take that can help you regain some control. By creating a document called a personal directive, you can tell your loved ones and your doctors how you’d like to be treated even if you are unable to provide directions.

A personal directive is a legally binding document. It appoints an agent who is able to make decisions on your behalf once you lose the capacity to do so, and describes what the agent’s authority is. For example, you may want your agent to be able to make decisions about what health information to share with your family members, or how much medical intervention you are comfortable with.

These instructions are especially important during this pandemic. Some people may want to avoid going to a hospital if they are sick, especially if it results in painful procedures that may not prolong their lives; others want the most care possible. A personal directive allows an agent to make decisions about whether you want to give up your assigned medical equipment for people you feel could benefit more, like some other people have done.

A personal directive is also a gift to your family members. If you have lost capacity, it is stressful for your family to try to guess what kind of healthcare treatment you need. Healthcare decisions are sometimes required very quickly, and a personal directive can give your family peace of mind that they made the right decision, rather than having to rush their choice and then worry if it was correct.

In Southern Alberta, we appear to be relatively sheltered from the effects of the virus. As of April 26, 2020, there were 12 cases in Lethbridge, two cases in Taber, one case in Lethbridge County, and 25 cases in Medicine Hat. However, there is the possibility of a second wave of the virus, like that seen in China or Singapore, with increased infections once social distancing measures are eased. Even if, as we all hope, the COVID-19 pandemic is mild in our area of the world, a personal directive will continue to protect your wishes and your family during any future healthcare issues.

Making decisions about healthcare and capacity is frightening, but also important. COVID-19 can provide you the push to take care of these vital decisions. We at LETOURNEAU LLP are able to arrange for proper execution of your personal directive remotely to ensure your safety. Our fees for this service can be found here. Stay safe. We will get through this together.

This article does not constitute legal advice.

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