How to Plan Ahead: Wills, Power of Attorney, and End-of-Life Decisions

Amanda Shaw, Chief Information Officer, ARTA

Unless you too were raised by a teacher and a tax accountant, you probably didn’t start planning for death in your early twenties, like I did.

But doing so while you are healthy and of sound mind is one of the most considerate things you can do for those you love. Too often, families are torn apart by fighting over things that could have been decided ahead of time. Proper death planning allows your loved ones to focus on grieving, rather than dealing with the burden and stress of settling your estate.

First, Prepare a Will

If you die without a will in Alberta, your estate will be distributed in accordance with the Wills and Succession Act following a strict formula, rather than based on your wishes. Your will should name an executor who will ensure the will is followed to distribute your assets. You will also need an Enduring Power of Attorney (EPA) — someone to manage your finances if you are unable to do so — and a Personal Directive (PD) — appointing a person to make your personal and health-care decisions if you lose capacity.

While preparing your PD, also discuss (and document) your preferences around life support, resuscitation, comfort care, or Medical Assistance in Dying (MAiD). When I wrote my PD, my lawyer suggested that I choose someone in a similar life position with similar values, as they would be most able to make decisions aligned with my wishes.

To help, the Government of Alberta has a personal directive form  and Covenant Health Palliative Institute has a My Wishes Alberta workbook available in multiple languages.

Many lawyers offer a package price to prepare a will, EPA, and a PD — for both singles or couples. Thinking of moving? While a will signed in one province is valid in other provinces, the same doesn’t necessarily apply for the EPA and PD, so consult a lawyer if your move will take you across provincial borders.

These three documents should be regularly reviewed and updated. Does your will include your new grandbaby? Did you know that a divorce will nullify your will in Alberta? And what if your executor predeceases you?

Next, Get Organized

Gather important documents (see checklist below) and keep them in one secure, well-labelled place. I provided copies in a sealed envelope to my executor and let them know where to find the originals. This alone can save months of frustration later.

Create a list of all the accounts to be cancelled upon your death, including contact information and documentation so your executor can close them in a timely manner. For example, if a pension is not cancelled, recovering funds from family members can be emotionally and financially draining.

Don’t forget your digital accounts — any online paid subscriptions or email accounts will need to be closed. Are you on Facebook? Active social media profiles along with an obituary can provide scammers all they need to steal your identity in death (called “ghosting fraud”) to file fake tax returns or open credit card accounts. Leaving usernames and passwords, along with access instructions for any online accounts, prevents complications.

Important Information to Gather (including contact information)

Plan Your Last Party

Sadly, there are likely only two opportunities where everyone you love will gather in one room — your wedding and your funeral. Unfortunately, you can only attend one, although I’m still trying to figure out how I can attend my own funeral (all my favourite people drinking wine and talking about me? I want to be there!). Whether you prefer burial or cremation, no funeral, a small service, something religious, or more of a party, writing down your wishes removes guesswork for your family and lets them honour your wishes.

Lastly, Tell Your Family or Friends

This conversation doesn’t need to be a sit-down, serious meeting, unless that’s what you would prefer. You can start with little conversations about any one item. Nervous to start the conversation? Covenant Health Institute offers conversation starters and games — again in multiple languages — on the same website as the My Wishes workbook.

Preparing for your own death isn’t about being morbid or giving up — it’s a final act of responsibility, love, and self-respect.

What to Review Every Three to Five Years

• Your will and named executor
• Enduring Power of Attorney and Personal Directive
• Beneficiaries of insurance and pensions
• Changes in family circumstances (marriage, divorce, deaths) — not just yours, but any named beneficiaries
• Health status and care preferences
• Where documents are stored and who knows about them

Amanda Shaw
Chief Information Officer, ARTA