LIVING WILLS
On Wills, Estates, Trusts Law for residents in Canada
A Living Will is a document that states how the testator wishes to be treated, if the testator becomes incapacitated by illness, injury, or old age. Components of a Living Will are the Living Will document itself, Power of Attorney for health care professionals, plus optional documents.
A living will is a legal document in which patients instruct health-care providers about their wishes with respect to medical procedures should they become incapacitated. The living will can be a very broad or a very narrow document, according to the wishes of the person making it. A living will can be changed or revoked at any time and will not take effect until a person is no longer able to make or communicate decisions.
Each state may provide different rules or protocols regarding Living Will, any specific questions regarding Living Will should be directed to an attorney licensed in the state that the Testator lives in.
States like Alberta, British Columbia, Manitoba, Newfoundland, Ontario, Prince Edward Island and Saskatchewan have laws making health care directives binding. However, states like Quebec and Nova Scotia permit health care proxies but not living wills or advance health care directives.
Once the testator is aware of what he/she wants, the testator can write his/her own fully legal will and ensure that his/her assets are distributed as he/she wishes. Having a will simplifies what the testator’s family and friends must deal with in the even of the testator’s death. In the living will the testator can clearly state his/her wishes regarding health care and life support systems. This will further ease the burden on family and friends in potentially difficult moments and save time on litigations issues.
