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.

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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
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