Originally published: December 5, 2014 | Last updated: October 30, 2024
A Living Will functions as a legal document which people in different provinces call advance healthcare directives or personal directives or representation agreements to show their medical treatment choices when they lack the ability to express themselves. The document establishes medical treatment limits which apply to patients who receive terminal illness diagnosis or lose consciousness forever or develop permanent mental disabilities. A Living Will lets you make decisions about life-sustaining medical care and resuscitation procedures and artificial nutrition and hydration and pain treatment and organ donation. The document becomes active when you lose the ability to express your wishes through direct communication.
A Living Will, also called an advance healthcare directive, personal directive, or representation agreement depending on your province, is a legal document that records your wishes about medical treatment in situations where you cannot speak for yourself. This typically covers scenarios involving terminal illness, permanent unconsciousness, or severe cognitive impairment. A Living Will can address decisions about life-sustaining treatment, resuscitation, artificial nutrition and hydration, pain management, and organ donation. It takes effect only when you are incapacitated and unable to communicate your wishes directly.
How Does a Living Will Differ from a Last Will and Testament?
Despite sharing the word “Will,” these are fundamentally different documents. Your Last Will and Testament deals with what happens to your assets and dependants after you die. It has no legal authority while you are alive. A Living Will deals with your medical care while you are alive but unable to communicate. It has no authority after you die. The two documents serve entirely different purposes, operate at different times, and are governed by different laws. Both are essential components of a complete estate plan. For more on what your Last Will covers, see Do I Need a Will?
The term “Will” exists in both documents yet they serve distinct purposes as independent legal documents. Your Last Will and Testament shows how your possessions will distribute between your family members and children after you pass away. The document ceases to exist as a valid legal document after you pass away. A Living Will lets you choose medical treatments which doctors should use when you lose your ability to speak. The document loses all power when you pass away. The two documents serve entirely different purposes, operate at different times, and are governed by different laws. The complete estate plan requires both components to achieve its full value. For more on what your Last Will covers, see Do I Need a Will?
A Power of Attorney for personal care (also called a healthcare proxy or healthcare Power of Attorney) appoints a specific person to make medical decisions on your behalf. A Living Will provides written instructions about what those decisions should be. Ideally, you have both: the Power of Attorney names who decides, and the Living Will tells them what you want. Without a Living Will, your appointed healthcare proxy must guess your wishes. Without a Power of Attorney, there may be no one legally authorized to act on your behalf. For a deeper look at terminology, read our guide to understanding advance directives.
What Is the Difference Between a Living Will and a Power of Attorney?
Many people assume their family will naturally handle medical decisions if they become incapacitated. In practice, this creates several serious problems. Family members may disagree about what you would have wanted, these disagreements can become bitter and permanent. Without legal authority, family members may find that healthcare providers will not follow their instructions. In some cases, treatment decisions default to medical protocols rather than patient preferences. A Living Will removes ambiguity and protects both you and your family from impossible choices under emotional duress. It also gives your healthcare team clear legal authority to follow your documented wishes.
A Power of Attorney for personal care (also called a healthcare proxy or healthcare Power of Attorney) appoints a specific person to make medical decisions on your behalf. A Living Will allows you to create written guidelines which direct medical personnel about what actions they should take. The best approach requires you to have both documents because the Power of Attorney document shows who should make decisions while the Living Will document explains your specific wishes. The healthcare proxy needs to make decisions about your medical care because you didn’t create a Living Will. The absence of a Power of Attorney document creates a situation where no individual possesses legal authority to represent your interests. Our guide about advance directives provides readers with essential terminology information which lets them grasp the subject more effectively.
Each Canadian province and territory has its own legislation governing Living Wills, and the terminology varies significantly:
| Why Can’t I Just Let My Family Decide? | People believe their family members will take care of their medical decisions when they lose their ability to decide for themselves. The system produces multiple essential problems which interfere with its practical operation. The family members experience continuous disagreements about your true wishes which lead to permanent conflicts. Healthcare providers will refuse to follow family member instructions because these family members lack official legal power to make decisions. Medical protocols control treatment choices instead of patient preferences in certain medical situations. A Living Will establishes clear boundaries which protect your family members from making impossible decisions during their time of emotional distress. The document creates a clear path for your medical staff to follow your written instructions according to official legal rules. | What Are the Provincial Differences for Living Wills in Canada? |
|---|---|---|
| Each Canadian province and territory has its own legislation governing Living Wills, and the terminology varies significantly: | Province | Document Name |
| Governing Legislation | Ontario | Power of Attorney for Personal Care |
| Substitute Decisions Act | British Columbia | Advance Directive / Representation Agreement |
| Health Care (Consent) and Care Facility (Admission) Act | Alberta | Personal Directive |
| Personal Directives Act | Saskatchewan | Health Care Directive |
| Health Care Directives and Substitute Health Care Decision Makers Act | Manitoba | Health Care Directive |
| Health Care Directives Act | Quebec | Advance Medical Directives |
Despite the different names, these documents serve the same core function: recording your healthcare wishes for situations where you cannot communicate. LegalWills.ca generates province-specific documents that use the correct terminology and comply with the applicable legislation in your jurisdiction.
Act Respecting End-of-Life Care
A comprehensive Living Will typically addresses the following decisions:
- Life-sustaining treatment: Whether you want CPR, mechanical ventilation, or dialysis if you are terminally ill or permanently unconscious.
- Artificial nutrition and hydration: Whether you want tube feeding or IV fluids if you cannot eat or drink on your own.
- Pain management: Your preferences for pain relief, including whether you accept treatments that may shorten your life if they relieve suffering.
- Organ and tissue donation: Whether you wish to donate organs or tissues after death.
- Specific medical conditions: Instructions for particular scenarios such as dementia, persistent vegetative state, or terminal cancer.
Nova Scotia
Creating a Living Will through LegalWills.ca takes about 10 minutes. The guided process asks you about each category of medical decision and generates a province-specific document. You then print, sign, and share copies with your healthcare proxy, your family doctor, and close family members. Unlike a Last Will and Testament, a Living Will does not require witnesses in most provinces (though having witnesses strengthens the document). Review and update your Living Will periodically, particularly after any significant change in your health status or medical preferences. A Living Will is part of a complete estate plan alongside your Last Will and Testament and other key documents.
Tim Hewson is one of the founders of LegalWills.ca.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets including CTV, Global News, The Toronto Star, and other leading Canadian publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
