Advance Directives and Living Wills

If you already have a will, chances are you understand how important this legal document is for expressing your final wish and relieving your loved ones of the burden of deciding what to do with your final estate. But do your loved ones know your wishes should you become incapacitated and not die? A living will – sometimes called an advance directive – is a legal document that provides this instruction.

In Canada, when you have a living will, you can appoint a caregiver who can make decisions regarding your personal and medical care should you become unable to make those decisions yourself.

What is the difference between a living will and a regular will?

While both documents provide instructions concerning your wishes, one works after you have passed away (your regular will), and the other can go into effect while you are still alive (your living will) should you become incapacitated.

What is the difference between a living will and a power of attorney?

The main difference here is that a Power of Attorney for Personal Care designates who you would like to decide on your behalf should you become unable to make those decisions yourself. A living will also specify that person, but it also provides directives as to your wishes and how decisions should be made.

What should be included in a living will?

A living will typically address (but is not limited to) the following:

• Appoints a healthcare proxy.

In Ontario, a healthcare proxy must be at least 16 years of age; however, choosing someone with the emotional intelligence to handle difficult decisions is recommended. Ideally, your proxy should also be someone who lives close by. In most cases, a healthcare proxy is a close relative such as a spouse or adult child.

• Lays out what decision-making powers the proxy has.

Next, you must decide what decision-making powers your proxy will have. You may give them full or partial authority or even give them authority to override your instructions in your living will.

• Instruction for decisions on the medical procedure.

The next step is to decide the instructions you wish to provide to doctors and family members. This will include the procedures you would want to have performed and for how long. This can consist of instructions concerning CPR, blood transfusions, dialysis, life support, and if you wish to be an organ donor.

• Instruction for care of loved ones.

Additionally, if you have minor children, your living will can specify who should make decisions concerning their care if you are incapacitated.

When should you create a living will?

Every Canadian adult should have a living will because it lets your loved ones know your wishes. Should you become incapacitated, making decisions without clear directions from you can be extremely difficult. It may cause your loved ones to live with guilt, wondering if their choices were right. But you can take action now to relieve them of that burden.

Contact Levy Zavet now.

Are you ready to create a living will? If so, contact us today to speak to a lawyer.

Read More: