The Ins and Outs of a Living Will in Canada

A Living Will is one of the most important documents you can create — yet many Canadians do not have one. Unlike a Last Will and Testament, which takes effect after your death, a Living Will outlines your medical care preferences while you are still alive but unable to communicate your wishes.

What Is a Living Will?

A Living Will is a legal document that dictates your medical care wishes should you become medically incapacitated — for instance, if you are in a coma or suffer a severe cognitive decline. It ensures that the people closest to you know exactly what kind of medical treatment you do and do not want.

What Is It Called in Your Province?

While "Living Will" is a commonly used term across Canada, provinces use their own terminology. You may hear it called an Advance Care Plan, a Power of Attorney for Personal Care, an Advance Directive, a Personal Directive, or an Expression of Wishes, depending on where you live. In Quebec, individuals can express wishes regarding medical treatment, though the legal framework differs from other provinces.

Although these terms are sometimes used interchangeably, there can be subtle differences. For example, a Power of Attorney for Personal Care specifically designates who can make medical decisions on your behalf, while an Advance Directive may be broader in scope.

How Is It Different from a Last Will and Testament?

A Last Will and Testament deals with the distribution of your assets and other matters after your death. A Living Will, by contrast, is focused entirely on medical care decisions while you are still alive but cannot speak for yourself.

Who Should Have a Living Will?

Anyone who has strong preferences about their medical treatment in an emergency should consider creating a Living Will. It is especially important during times of widespread illness or uncertainty, as it can relieve the burden of decision-making — and potential guilt — for your family and friends during an incredibly stressful time.

What Should a Living Will Include?

Designation of a Decision-Maker

Name a trusted individual — a family member or close friend — to make medical decisions on your behalf. Clearly define the level of authority you are granting: should they follow your instructions exactly, or do they have discretion to adapt based on current circumstances?

Medical Treatment Preferences

State clearly which medical treatments you consent to and which you refuse. Common examples include cardiopulmonary resuscitation (CPR), life-support measures, mechanical ventilation, and artificial nutrition.

Organ Donation Wishes

Express your wishes regarding organ donation. This should be documented alongside any provincial registration you have completed.

Palliative Care Instructions

Include instructions about palliative care to manage pain and comfort in end-of-life situations.

Personal and Medical Information

Include your basic medical history, contact information for your healthcare providers, and any religious beliefs that may affect treatment decisions. This ensures your wishes are understood clearly in context.

How a Personal Legal Service Plan Can Help

Because each province has its own guidelines for creating these documents, it is important to get proper legal advice. A Personal Legal Service Plan gives you access to a lawyer who can help you prepare the right documents for your province and ensure your Living Will clearly and accurately reflects your wishes.