Advance Directives

 

 

What is an Advance Directive?

An advanced directive is a legal document prepared and signed by a person in advance of a severe illness or injury, which will guide health care providers when providing health care and treatment. It may give instructions -- i.e., state what treatment or care someone wants to receive or not receive if he or she becomes unable to make medical decisions (for example, because he/she is unconscious or in a coma). A health care directive is also used to plan in advance for situations where a person is no longer mentally capable of making her or his own health care decisions.

Some advance directives will identify a person (a proxy) who would be responsible for making treatment decisions on behalf of the person if she or he becomes mentally incapable.

There are several different types of advance directives in Canada. Each province uses slightly different language, and very importantly, each has different laws for making and relying on these powerful documents.

 

Province Instruction Proxy
NU No Legislation
NWT
YK
BC
AB
SK
MB
ON
QC  
NS  
NB No Legislation
PEI
NL

 

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Resources

ONTARIO

Advocacy Centre for the Elderly

bullet Advance Care Planning and End of Life Decision-Making: More than just Documents
bullet Advance Care Planning in Ontario
bullet Options for Advance Care Planning

 

ALBERTA

bullet Personal Care Directive Produced by the Legal Resource Centre.
bulletDescription: Describes what a personal care directive is, answers common questions on how to make what goes in it, how does it get reviewed, and when does it end.

 

MANITOBA

bulletHealth Care Directive. Information from Manitoba Health
bulletDescription: Identifies the purpose of a Health Care Directive in Manitoba; how to make a Health Care Directive; with whom should the person talk to about these decisions; what is a proxy; who to choose as proxy; a change of mind about the directive; and the effect of a Health Care Directive.
bulletA government form for making a health care can be found here. However, any any paper that is signed, dated and provides the same information may be used.:
bulletThe Law governing Health Care Directives in Manitoba can be found here

 

PRINCE EDWARD ISLAND

bullet What Seniors Need to Know About Health Care Directives Community Legal Information Association of Prince Edward Island.
bullet Health Care Directive form [for setting out instructions and personal values, for appointing a proxy]

 

NOVA SCOTIA

bullet Advance Health Care Directives Produced by Legal Information Society of Nova Scotia. 2006
bulletDescription: Covers what an advance health care directive is and who should have one; instructional and proxy directives; how specific should they be; who usually makes decisions about health care; the proxy process; whether the proxy and doctors must carry out an instructional directive; how advance health care directives differ from euthanasia and assisted suicide; updating or canceling the advance health care directive; what to do if asked to sign a standard advance health care directive form.

QUÉBEC

bulletMandates given in anticipation of incapacity  Prepared by Éducaloi.
bulletDescription: In this Infosheet, Éducaloi explains mandates given in anticipation of incapacity: what they are, the forms they can take and the steps to follow.

 

NEWFOUNDLAND
bullet What Are Your Wishes Living Wills and Advance Health Care Directives. Prepared by Public Legal Information Association (2nd. ed, 2006)
bulletDescription: This two page information sheet answers common questions about advance directives and living  wills in Newfoundland and Labrador.

 

CANADA-NATIONAL
bullet Advance care planning: the Glossary project: Final report August 22, 2006 Prepared by Janet Dunbrack For Health Canada
bulletDescription:   This report identifies the main concepts and terms used in advance care planning in Canada, the experience of advance care planning in Canada, and success and challenges in advance care planning.
bullet Advance Directives FAQ  Prepared by End of  Life Project. Health Law Institute.
bulletDescription: Answers common questions such as : How is a living will or durable power of attorney for health care different from a traditional will or traditional power of attorney?  Can a minor write an advance directive?  What will happen if I don't have an advance directive? As a healthcare provider, do I have to follow a patient's advance directive?

 

INTERNATIONAL
bullet Evidence on Advance Directives
bulletDescription: This is a collation by the international group Collaboratory on Advance Directives of available evidence about advance directives. It is drawn from published systematic reviews of the literature.

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Last updated: 08/28/08.

 

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