What does a Medical Directive do for me?

In its' simplest : It is up to me to choose from the various options, including what my wishes are and how I make my wishes known when I can no longer speak for myself.

Motivating reasons for having a Medical Directive:

• Reduce the potential of family conflict and resentment.
• Greater assurance that my wishes will be respected.
• That instructions like "heroic measures" can be qualified for the least ambiguity.
• That advocates will be agreeable, aware and understanding of my directions while I have the capacity to convey my wishes clearly.

It should be noted that each provincial and territorial jurisdiction within Canada has its own laws so the specific answers may vary. (You will find potential options only here...you'll need to see your Trusted Professionals for opinions and most recommendations.) It is wise to check your Medical Directive as well as any other critical documents with a lawyer if you change your jurisdiction of residence. And it may be necessary to reconsider who will be your Advocate with an expansive relocation. A best friend in Halifax won't be that helpful if you are now living in Alberta. The miles between Yarmouth and Bathurst could even be problematic.

Currently there is no Law allowing a directive in New Brunswick nor any of the Territories.
There currently is no Law with a list of substitute advocates in Alberta, Manitoba, Quebec, Nova Scotia, New Brunswick nor the Territories.

Issues that relate to continued health care when I am no longer to able to make those decisions fall under the responsibilities of a Power of Attorney. See POA on the Legal Stuff page for more information.

Where do I start ?

Even when there is a clear direction in mind it is always recommended that your trusted health care Professional be consulted. A physician can explain the potential considerations surrounding the various types of end-of-life decisions an advocate may be called upon to make in one's behalf.
This is all about your life...it pays to be as well informed as possible.

There may be numerous considerations. Do I make my wishes known or do nothing ? Do I name an advocate or joint advocates? Do I arrange for back up ? Or not choose an advocate at all ?

Do I really need an advocate or decision maker? ...That's up to you. If you want the courts to choose that advocate and you are comfortable with that ... and that the decisions that could be made may not conform to your expectations then that is your choice.

Who do I choose? ...One or more persons who I am comfortable will fulfill my wishes as directed. That person may act alone or jointly or in consultation with others that may have a concern. That someone must be relied upon to make the hard decisions when the time comes.
It is wise to consider the aftermath as well and try to choose advocates who will be comfortable with your choices....both before and after the fact.

Do I need a back up? ... We never know how the future will play out so it is always wise and pro-active to have one or possibly more backups. Remember that most teams have a backup of very talented people on the bench.

What if I really don't know what I might want ? ... It is even more important that this be conveyed in a written instruction. In this circumstance you are relying on your advocate to make his or her decision based on what he or she feels is in your best interests under the actual
circumstances at any point in time. This is a true responsibility of trust.

Can I limit the level or duration of responsibility ? ... Absolutely.

Should I advise my Doctor what I've decided? ... Yes and your Doctor should be given a copy of your directive.

Where should the 'directive' be kept? ... In a safe and easily accessible location with your advocate or where the advocate can access it in a timely manner.

Once the essence of your wishes has been decided then your lawyer should draft a document to confirm your selection of advocates. Often, but not always, the Advocate for a Medical Directive will also represent you as Power of Attorney for Health and Personal Care.