LIVING WILLS


Also known as an Advance Directive, a Living Will is a document stating what you want to happen if you become disabled and can’t communicate your wishes about treatment.

It's quite common, for example, for people to write a “Living Will” saying that they do not want to be kept alive on artificial life supports if they have no hope of recovery.

A Living Will is quite different from a
Power of Attorney for Personal Care. The latter appoints another person to make decisions on your behalf if you become incapable, while a Living Will does away with the middle-person and specifically states your wishes for treatment if you become incapable.

You can have both a Power of Attorney for Personal Care and a Living Will. They may be separate documents or a single document (sometimes called a Proxy Directive).

If you don't have a Living Will or Power of Attorney for Personal Care, your immediate family will have the right to make decisions on your behalf should you become incapable. If no suitable family member can be located, a government agency (the Office of the Public Guardian and Trustee) will have the right to act on your behalf.

A Living Will or Power of Attorney for Personal Care made in Ontario may not be applicable in other jurisdictions. If you plan on moving to another jurisdiction, it's advisable to ask a local lawyer for advice.

Please
contact us for more information or advice.