Search Free Wills
(Advanced Health Care Directive)
Each province has it's own Act related to wills.
Why have a Will?
A Will determines who controls your estate after your death (the executor/trustee) and identifies the people that will receive your estate (the beneficiaries). If you die without a will (Intestate), the Courts will determine who is entitled to your estate and the amount of your estate that they will receive, based on the law. If you have young children and you die without a Will, and your Spouse is also deceased or cannot act as parent to your children, the Court will also appoint someone to care for them.
Although traditionally, a living will (also called an advance health care directive) is used to document decisions about your end-of-life chioces, they can also be used to establish legally binding directives that appoint a substitue decision maker, who will make decisions for you when you can't make them for yourself, and detail how the decision are to be made about your care. It is only used when an illness or injury leaves you unable to communicate your health care wishes yourself. You can use an advance health care directive to do two things:
1)To appoint a "substitute decision maker," to make decisions regarding health care for you.
2) Toprovide instructions to the "substitute decision maker" regarding your treatment and detail the general principals regarding the type of health care you want.
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.
After you have completed the living will, you should give copies to your substitute decision maker, your family physician, family members and your lawyer.
The Health Care Directives
and Substitute Health Care Decision Makers Act;
Personal Directives Act;
Representation Agreement Act;
Substitute Decisions Act;
The Health Care Directives
Law of Mandate, Articles;
Medical Consent Act;
Advance Health Care
Directives Act; NFL and
Consent to Treatment and
Health Care Directives;
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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