Preparation of you Living Will (Advance health Care Directive)
An
advance health care
directive includes the following:
a) A written statement of
your health care wishes or instructions, which may be as simple as
saying that if
you will not recover to live independently, then you do not want care
providers
to use machines or medical treatments to keep you alive. You may wish
to
include more detailed instructions that explain specific treatments and
illnesses, in which case, you should consult with your physician or
other
health care professionals to make sure you understand the options and
that the
directive is written clearly and accurately.
b) Your signature on the health
care directive. If you are unable to sign, it may be signed by someone
else at
your request and in your presence. However, the person signing cannot
also be
your substitute decision maker or their spouse.
c) The signature of at least
two witnesses. You must sign in the presence of two independent
witnesses,
neither of whom can be your substitute decision maker or their spouses.
d) identification of a substitute
decision maker. The name, address and phone number of your substitute
decision makers,
as well as their relationship to you. The substitute decision maker
will also
have to sign to indicate that they accept the appointment. You can
appoint more
then one substitute decision maker.
Legal
Assistance
Although you do not need a
lawyer , you may wish to have a lawyer ensure the person wishing to
prepare a
living will is legally and mentally capable of doing so.
A lawyer can also be used to
help resolve disagreements that might arise between the family and the
substitute
decision maker. In addition all this information, which is always
included in a
living will (or advance health care directive), you also have the
option to include
instructions as to how you want you body to be treated after death.
Competency
In Canada
you must
be 16 years or older to make an advanced health care directive. If you
are
under 16 years of age, special rules will apply. You must also be
considered
mentally competent. This means that you must be able to understand the
information that is relevant to making a health, within reason.
Informal
Arrangements
In
a medical emergency a
physician does not need your consent to give treatment. If it is not an
emergency, then they must obtain consent from you or someone on your
behalf. If
you are not capable of providing consent and you have not appointed a
substitute decision maker, then a substitute decision maker is
appointed for
you. It will be one of the following people (in this order): your
spouse; children;
parents; siblings; grandchildren; grandparents; uncles and aunts;
nephew and
nieces; other relatives and, finally, if none of these people are
available,
then it till be the responsible health care professional who is
providing your
care.
After making a Living
Will
After you
have completed the
living will, you should give copies to your substitute decision maker,
your family
physician, family members and your lawyer.
Relevant
Acts
The Health Care Directives
and Substitute Health Care Decision Makers Act; Saskatchewan
For information contact the Public Guardian and Trustee
(306) 787-5424
Personal Directives Act; Alberta
For
information contact the Public Guardian
(708) 427-7876
Representation Agreement Act;
British
Columbia
For information contact the Public Guardian and Trustee
(604) 660-444
Substitute Decisions Act; Ontario
For
information contact the Office of the
Public Guardian (1-800) 366-0335
The Health Care Directives
Act; Manitoba
For information contact the Office of the Public Trustee
(204) 945-2700
Law of Mandate, Articles; Quebec
For information contact the Office of the
Public Curator (1-800) 363-9020
Medical Consent Act; Nova Scotia
For
information contact the
Public
Trustee (902) 424-7760
Advance Health Care
Directives Act; NFL and Labrador
For
information contact the
PublicTrustee (709) 729-0850
Consent to Treatment and
Health Care Directives; Prince Edward Island
For information contact the Public Guardian (902) 368-6506
New
Brunswick, The Yukon,
The Northwest Territories and Nunavut do not have substitute decision
making
laws but if you write a directive with explicit instructions, it will
still
apply. However, if you name a substitute decision maker they will have
to apply for a
court order to have the legal authority to make decisions on your
behalf.
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