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Living Will FAQs
Here’s what you need to know
HAVE YOU MADE YOUR LIVING WILL?
Living wills and other advance directives describe your treatment preferences in end-of-life situations when you can't speak for yourself.
What is a Living Will?
Living Wills outline chosen life-saving or life-ending medical procedures.
A Living Will is your written formalized instructions on what to do should you require extraordinary medical treatment, such as mechanical life support or heart resuscitation.
In Canada, anyone can make a Living Will. It is simple, straight forward.
A Living Will is simply a formalized statement of your health care wishes, signed and properly witnessed.
A living will is a document that explains whether or not you want to be kept on life support if you become terminally ill and will die shortly without life support, or fall into a persistent vegetative state.
It also addresses other important questions, detailing your preferences for tube feeding, artificial hydration, and pain medication in certain situations.
A living will becomes effective only when you cannot communicate your desires on your own.
Your Living Will is binding, under the Health Care Act, on any medical practitioners who are aware of the statement. However, please note that the issue of legal validity of Living Wills is still not completely resolved.
Keep in mind that this person may have to fight to assert your wishes in the face of a stubborn medical establishment, and against the wishes of family members who may be driven by their own beliefs and interests, rather than yours. If you foresee the possibility of conflict in enforcing your wishes, be sure to choose someone who is strong willed and assertive.
CanLaw has sold thousands of these living will kits because they deliver and are exceptional value.
These Living Will forms are designed for Canadian use by non lawyers. You do not need a lawyer or any legal training or experience.
There are two components to a living will.
The first is a written statement you make directly to medical personnel that details the type of care you want (or don’t want) if you become incapacitated. You can use this statement to say as much or as little as you wish about the kind of health care you want to receive.
The second is a document called the CanLaw power of attorney. This document appoints someone you trust to see that doctors and other health care providers give you the type of care you wish to receive. The person who has this power of attorney may be your spouse or partner, relative or close friend.
A living will and a durable power of attorney for health care can ensure that health care decisions will stay in the hands of trusted people that you choose.
The proximity of the person with your power of attorney can be critical. If you have a long illness this person may be called upon to spend weeks or even months nearby, making sure medical personnel abide by your wishes for health care.
If you have not planned ahead the decision making power passes to a family member or relative, sometimes a close friend, the attending doctor, or a court appointed guardian.
Alternatively, a Public Trustee may be called upon to make independent estate decisions.
CanLaw Living Will forms are legal, binding and valid for your living will, estate planning, living trust in all provinces and territories in Canada.
- CanLaw Living Will forms are valid and legal in Ontario
- Living Will forms are valid and legal in PEI
- Living Will forms are valid and legal in Quebec
- Living Will forms are valid and legal in British Columbia
- Living Will forms are valid and legal in Alberta
- Living Will forms are valid and legal in Manitoba
- Living Will forms are valid and legal in Nova Scotia
- Living Will forms are valid and legal in Newfoundland and Labrador
- Living Will forms are valid and legal in Nova Scotia
- Living Will forms are valid and legal in Saskatchewan
- Living Will forms are valid and legal in Yukon
- Living Will forms are valid and legal in Nunavut
- Living Will forms are valid and legal in North West Territories
Living Will forms are Estate Lawyer Approved Court Approved
FAQs: Why you must make a Living Will to formalize your health care.
It's Very Easy to Make Your Own Living Will. If you do not have a Living Will, you may find that strangers are making decisions about your medical care and controlling your life against your own or your family's wishes.
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