A personal directive is a legal document that is used to communicate the desires of an incapacitated person. It is often referred to as a Living Will. Where a will dictates what occurs upon one’s death, a personal directive dictates what occurs upon the incapacitation of a person. Of course, if you become seriously ill or injured, you will need a person to manage your non-financial affairs.
The law that governs a personal directive is the Personal Directives Act. Under this act, a personal directive states an appointed agent to make decisions on behalf of an incapacitated person. Incapacitation occurs when a person lacks the ability to understand relevant information in making personal decisions for him or herself. It also occurs when the person is unable to appreciate a reasonably foreseeable consequence of their decisions. A personal directive should include predetermined decisions regarding actions to take when the maker of the personal directive is in a coma, a persistent vegetative state, or having traumatic brain issues.