Personal Directives from a Clinical Perspective

SKU: 61991.02

Even when prepared by lawyers, sometimes personal directives have drafting issues. The first paper in this set, Personal Directives in a Clincal Setting, provides a practical perspective on some of the challenges that Alberta Health Services [AHS] has experienced with personal directives and the Personal Directives Act, RSA 2000, c P-6, based on experiences in AHS clinical settings. Following a background discussion of informed consent and the AHS policy on consent and personal directives, the paper outlines 8 practice tips for drafting personal directives to avoid common complications seen in the clinical setting.

The second paper, Use of Personal Directives in the Context of Physician-Assisted Death, discusses the recent Supreme Court of Canada decision, Carter v Canada (Attorney General), 2015 SCC 5 [Carter], and provides an overview of post-Carter contextual information related to physician-assisted death and personal directives. In particular, additional case law, Quebec legislation, key Canadian governmental reports, and positions in other international jurisdictions are considered. The paper’s intent is to provide a starting point for lawyers asked by clients to prepare personal directives that may contemplate physician-assisted death.

These papers are part of a collection presented at LESA’s Enduring Powers of Attorney and Personal Directives program in Edmonton on April 5, 2016 and in Calgary on April 12, 2016.

 

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