If you lose the capacity to make your healthcare/ personal care
or financial decisions, what will happen? Most Albertans believe
that their spouses or common law partners will automatically have
the authority to make such decisions on their behalf. However, this
is not the case.
Unlike some other Canadian provinces, Alberta does not have
legislation that sets out an order of priority for substitute
decision-making for incapable adults. In Alberta, there is no law
that automatically gives your family or loved ones the right to
make decisions on your behalf. The Adult Guardianship and
Trusteeship Act authorizes a health care provider to select
your nearest relative to make treatment decisions in specific
emergency or temporary situations. However, in situations of a
non-urgent nature your family does not have the authority to make
decisions on your behalf in the absence of a Personal
Directive/Enduring Power of Attorney or a Court order.
