X-Message-Number: 12550 Date: Wed, 13 Oct 1999 15:47:21 -0400 From: "Raphael T. Haftka" <> Subject: Personal Directive in Canada, anything like that in the US? Something like living will? I enclose below an excerpt from a letter from my wife's aunt who lives in Calgary, Alberta. It describes something the Canadians call Personal Directive, which seems to be similar in some respect to a living will. Could anybody enlighten me on what is the law in the US in general and Florida in particular? This would appear to be important for cryonicists. Rafi Haftka Excerpt: In Alberta, and some other provinces, Personal Directives are legal documents adminstered by the Public Trustees Office of the Govt. whereby persons record their wishes and an agent to administer those wishes if they become incapacitated, i.e. unable to make such decisions for themselves. Contrary to common thought, it is not legal for one adult to make decisions for another adult without some sort of direction, e.g. a child does not have the automatic right to decide for a parent who is incapacitated, although advice may be given consideration. The decisions covered are health care, disposal of body parts, accommodation, with whom the person may live and associate, non financial legal matters and participation in social, educational and employment activities. Financial matters should be taken care of by a formal will and enduring power of attorney, and are not covered by the Personal Directive, although there may be an effect, e.g. if a person chooses to remain in their home till death with appropriate private, paid care-givers, obviously the estate has to be able to afford such. Disputes or direction when there is no record provided will be settled in court by the Public Trustee. I do not know what the equivalent document is in Florida, but I can tell you that here it is quite serious, when you go into hospital you are asked if you have made a Per. Dir. and Mark as a firefighter and emergency worker has to request if there is one before he gives some sorts of emergency aid. (He says that the problem is that when there is one, the family in the situation never seem to know where it is). Anyway, writing one is quite a soul searching exercise, and choosing an agent is another. It seems better not to choose a beneficiary of the estate that might be affected by Person Directives. ---------------------------------------------------------------------------- -------- Raphael (Rafi) Haftka University of Florida phone:352-392-9595 Department of Aerospace Engineering, fax: -7303 Mechanics and Engineering Science http://www.aero.ufl.edu/~haftka Gainesville, FL 32611-6250 ---------------------------------------------------------------------------- -------- Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=12550