Making a Personal Directive – What do the Words Mean? Glossary

What do the Words Mean? Glossary

agent a person designated in a Personal Directive to make personal decisions on behalf of the maker.
adult interdependent partner a person with whom you are in an adult interdependent relationship.
adult interdependent relationship a “relationship of interdependence” as a relationship outside of marriage where two people: share one another’s lives; are emotionally committed to one another; and function as an economic and domestic unit. To meet these criteria, the relationship need not necessarily be conjugal (sexual). It can be platonic.
There are two possible ways for such a relationship to exist.

  • If you have made a formal and valid adult interdependent partner agreement with the other person (two
    people that are related by either blood or adoption must enter into such as agreement in order to be
    considered adult interdependent partners); or
  • If you are not related by either blood or adoption and if you have:
    • lived with the other person in a “relationship of interdependence” for at least 3 continuous years; or
    • lived with the other person in a “relationship of interdependence” of some permanence where there is a child of the relationship (either by birth or adoption).
assets what you own. Assets can include things such as money, land, investments, and personal possessions such as jewellery and furniture.
Attorney a person who is empowered to act on behalf of the donor under a power of attorney. This person does not have to be a lawyer.
declaration of incapacity a written document that confirms that a maker of a personal directive and/or the donor of a Power of Attorney no longer has the mental capacity to make decisions on his/her own behalf.
guardianship application a court application, brought under the Alberta Adult Guardianship and Trustee Act, that asks the court to appoint a particular person as the guardian of an adult who no longer has the mental capacity to make decisions on his/her own behalf.
donor a person who gives a Power of Attorney.
Enduring Power of Attorney covers your financial affairs and allows the person you name to act for you even if you become mentally incapable. It can either:

  • take effect immediately upon signing and continue if you become incapable of managing your financial affairs; or
  • take effect only upon your becoming incapable of managing your financial affairs, or some other specified event (this is also known as a “Springing Power of Attorney”).
Immediate Power of Attorney covers your financial affairs and takes effect as soon as it is signed and stops if you become mentally incapacitated. You might give this Power of Attorney if you need someone to look after your financial transactions while you’re away from home for an extended period of time.
legal representative Attorney under the Powers of Attorney Act or a guardian or trustee under the Adult Guardianship and Trustee Act.
maker a person who makes a Personal Directive.
mental capacity the ability to understand information that is relevant to the making of a decision and the ability to appreciate the reasonably foreseeable consequences of the decision.
Power of Attorney a written, signed, dated and witnessed document that gives someone else the right to act on your behalf with respect to your financial affairs. This can include paying bills, depositing and investing money on your behalf, and even selling your house. The Power of Attorney may be for a definite, specific act, or it may be general in nature. It may take effect immediately (Immediate Power of Attorney), can continue upon mental incapacity (Enduring Power of Attorney), or can come into effect only upon incapacity or other event (Springing Power of Attorney).
represented adult means a person who is the subject of a guardianship order or trusteeship order, or both, made under the Alberta Adult Guardianship and Trustee Act.
spouse a person to whom one is legally married.
Springing Power of Attorney a Power of Attorney that covers your financial affairs and allows the person you name to act for you only once you become mentally incapable (or some other specified event).

 

You should NOT rely on this webpage for legal advice. It provides general information on Alberta law only. April 2014.
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