Weary & Co Law Office

Tommy and Gina: ensuring their welfare

Unlike a Will, which is used to disperse your estate after you’ve died and name a guardian for any minor dependants, a Personal Directive is a legal document that’s only enacted in the event that you become mentally incapable of making your own decisions. It allows a person of your choice, called an “Agent,” to make health and welfare decisions for you if you should ever be diagnosed with dementia, fall into a coma, have a stroke or sustain a brain injury that affects your mental capacity. To highlight some key points about a Personal Directive, this is how Tommy and Gina declare their wishes regarding their own health and welfare.

The possibility of sustaining a debilitating injury may be hard to comprehend for a young couple like Tommy and Gina. Yet Tommy, who used to work on the docks, now works in high-rise construction, where the danger of electrocution, falling or being struck by falling objects is a risk. And Gina commutes nearly 50 minutes to and from work on a major highway every day, so there is also a risk of her being involved in a severe car accident.

Like most married couples, Tommy and Gina named each other Agents. As a back-up, if Gina is unable to act on his behalf, Tommy is naming his parents, who live locally in St. Albert, as his alternative Agents. This choice is logical for him, because his parents are level-headed and always make decisions based on the best evidence available. In addition, his parents know him and his beliefs and values very well.

As for Gina, naming an alternative Agent isn’t as easy. Gina’s sister lives nearby, but is emotional and can be easily swayed by the opinions of others. Gina’s parents, who are empathetic and know her well, live in New Brunswick. Practically speaking, it would be difficult for them to travel frequently to St. Albert to attend to her personal affairs. Also, she’s concerned that her parents might decide to move her closer to New Brunswick if she ever became incapacitated. Gina ultimately decides to name Tommy’s parents as her alternative Agents, too. Because they aren’t as familiar with her beliefs and values, Gina has a family meeting with them to discuss her wishes.

Did You Know?

• A Personal Directive ends when you regain mental capacity, die or revoke the document.
• The Personal Directive may also instruct your agent about such issues like optometry and dentistry decisions, exercise, and even what social activities you participate in.

This sponsored content was produced in partnership between Weary & Co and T8N Magazine