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A lifeline to peace of mind for you and your family

Writing a living will provides loved ones with your health care directions and is a key step in a complete estate plan.

You've written and signed your will, outlining who gets what _—when you pass away. You've arranged a power of attorney, so someone you trust can make money management decisions should you become incapacitated. You might think your estate plan is now complete. But it's not quite finished: You need to consider who would be responsible for making decisions on your behalf about your personal care, if you're not able.

The document you need is called a living will, and it's the third vital element in the foundation of your estate plan.

Until recently, living wills had no legal status in Canada. They could only provide advice to family members and doctors, which might or might not be acted on. But most provinces now have, or are planning, legislation which gives them legal force.

Terminology varies The terminology may differ from one province to the next. In Ontario, the term is "power of attorney for personal care." Elsewhere, living wills may be known as "health care directives" or "advance directives." In Quebec, an enforceable living will can be created by filing a mandate with a notary, or by signing a document in the presence of two witnesses. Their newly recognized legal status makes living wills important no matter where you live in Canada.

How they help Without some kind of legal directive to follow when you're unable to speak for yourself, you might experience delays in medical treatment, even life-saving emergency treatment. Under other circumstances, health and personal care decisions might be made for you by a government bureaucrat rather than someone you know and would choose.

Here are some of the major points to consider for you own living will:

Selecting decision-makers. Without a living will, consent for medical treatment is normally provided by next of kin —spouses, children, or parents. That may not be the best choice for you. You might prefer a more distant relative or a close friend to make decisions for you.
Be sure the person you choose is willing to accept the responsibility and is comfortable with the decisions you've outlined. This individual should be given a copy of the final document to keep and refer to when necessary. It's also important to name an alternate in case the primary person isn't available when consent must be granted or decisions made, often in a hurry.
Select your decision-makers with care: people who are close to you, who are competent, and in whom you have absolute trust.

Health care directions. A living will allows you to leave instructions for the health care treatment that you want under certain circumstances. Some people provide for removal of life support systems if they are in a coma with no chance of recovery, for example. You can also give instructions regarding palliative care and pain management in the event of a terminal illness.
Providing such instructions not only ensures that your wishes will be carried out, but can also relieve family members of the anguish of trying to decide what you would want.
It's a good idea to discuss these types of decisions with your family doctor. This will make it possible for you to express your desires as clearly and specifically as possible, and to consider all the situations that are likely to arise. It's also a good idea to ask your doctor to file a copy of the document along with your medical records.

Personal care directions. You can also provide personal care instruction —for example, stipulations that would outline the circumstances under which you would consent to move to a nursing home.

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Great care is needed to make sure your living will accomplishes what you want. For instance; if you've named more than one person as your representative, you may need to specify how conflicts between thwm are to be resolved. You may want to stipulate that one individual has the final say and can override the decisions of other family members.

The legislation that governs living wills is often complex. In addition, the regulations vary from province to province, and are still evolving. That's why your living will should be drafted with the assistance of a professional. Fill-in-the-blank documents are simply not adequate for this job.