Living Wills
Nobody wants to get into an accident or suddenly fall seriously ill, but what if it happens? We all want to control our lives till the very end and require others to respect our wishes. That’s where the idea of living wills emerged.
A living will is a tool related to estate planning, having an altogether different purpose. It is a vital part of every adult person’s life plan.
What is a living will?
In simpler terms, a living will outlines a person’s wishes and preferences – a legal document which explains their decisions related to medical care. Also sometimes referred to as Advance Healthcare Directive, it involves decisions in case of a person becoming incapacitated. The will specifies the procedures, treatments, and medications you want or wouldn’t want, especially at the end of your life.
In particular, you can spell out exact decisions and instructions related to your medical care. The living will is completely different from the last will or testament, which relates to what happens to your assets and property after your death. The document will give you peace of mind that your wishes will be respected and make it easier for your family to make decisions in case of an emergency.
Situations that lead to a living will
Since living will is a legal document, it cannot be confused by verbally telling someone what you wish to be done to your body, medically. Some common situations that require you to create a living will include;
- Coma
- Stroke
- Persistent vegetative condition
- Advanced dementia
- Brain injury
- Other progressive illnesses
A living will shall only work when you are unable to discuss the medical issues with the doctor yourself. For instance, whether you’d want to remove the life support or continue with it to prolong your treatment. Besides the instructions regarding medical care, the living will even describes what food you’d want to have and who can come visit you in the hospital.
Is the living will same as Advance Directive?
Both serve the same purpose; ensuring that your wish is carried out in case of health emergency. Though the terms are often used interchangeably, it must be noted that an advance directive is a legal document carrying a broad set of instructions and outline related to your health care.
Advance directive is a category, including a number of documents one of which is a living will. Other documents include a medical power of attorney, and a do not resuscitate” form (DNR). A living will specifically states your preferences about the medical treatment.
Some important facts about living wills
Since the concept is getting widely popular, especially among the old age people, there are a lot of theories and misconceptions involved. Here are some facts related to the living wills;
- Specific rules for different provinces
In some provinces, it’s a living will while in others, it’s a healthcare directive. A living will is created based on the rules of the province where the person resides, as each territory or province in Canada has its own estate laws. Some provinces also accept living wills of other provinces, only if the document is valid.
- It can be changed
You can create a living will now and change it later if you want to. However, to make a new one, you have to entirely cancel the previous will. The change must be formal otherwise it won’t be accepted. Only you have the authority to change your will, no one else can.
- Living will can be made by young people too
Many people think that living wills are designed only for senior citizens but it can benefit all adults, 18 years or above. A health emergency can arise anytime, no matter you are old to young so if you are legally adult, sound person, you can create a living will to take burden off your relatives.
- Doctors determine when living will comes into effect
Since its doctors who are treating you, they’re the ones who’ll determine whether you are terminally ill or permanently unconscious. Nobody else can declare you unconscious or medically unfit to become incapable of making your own decisions. A whole team of medical professionals declare you ill enough to make living will effective.
- Appoint a power of attorney or healthcare agent
Appointing a healthcare power of attorney means allowing another person to make medical decisions on your behalf, specifically if you are unable to do so. Choosing a healthcare agent is to ensure someone wil take responsibility of your situation during the emergency.
Creating a living will in Canada
In the recent years, honoring final wishes of people, especially those who cannot advocate for themselves has led to the widespread legislation in Canada. The rules for creating a living will differ slightly according to the province. Therefore, the name of the document as well as its legal binding varies too. Each province offers two specifications;
- Grant a legal proxy for your healthcare decisions
- Be particular in your instructions related to medical care
Unlike a will that comes into effect once you die, a living will shall be applicable only in event of you becoming incapable of communicating. As documents and structure of the living will varies according to provinces; in Ontario, you’ll have to name a Power of Attorney for your personal care in order to create a living will. Besides appointing someone to decide on your behalf, you need to document what treatment you wish to undergo during health emergency.
To ensure that your document is legally realizable, it must be dated and signed by you along with two other witnesses. The requirement for witness is to be above 18 years of age and they must not be your children, spouse, attorney, or anyone related to the attorney.
