Advance Directive Lawyer
UNDERSTAND ALL THE OPTIONS WHEN IT COMES TO YOUR HEALTH
An Advance Directive is a document that informs your doctor or other healthcare providers of your wishes about your care when you’re unable to make decisions for yourself.
Is an Advance Directive Right for Me?
While a Representation Agreement can cover both personal and healthcare matters, an advance directive is limited to giving or refusing consent for specific types of health procedures, such as chemotherapy or blood transfusions. Since it’s nearly impossible to predict all potential health situations that could arise in your future, an advance directive has limited application.
Nonetheless, an Advance Directive can be used in conjunction with a Representation Agreement to provide your representative with more clarity on how decisions should be made.
When Can an Advance Directive Be Used?
Advance directives, sometimes known as living wills, are primarily utilized when an individual becomes incapacitated and cannot make medical decisions for themselves. This might be due to a severe injury, illness, or cognitive decline. In such situations, healthcare professionals refer to an advanced directive to determine the individual's previously stated wishes regarding medical treatments, interventions, and end-of-life care. Typically we recommend that our clients obtain a Representation Agreement instead of, or in addition to, an Advance Directive.
Who Needs an Advance Directive?
While many people might think advance directives are only for the elderly or those with serious health conditions, the truth is that anyone can benefit from having one. Life is unpredictable. Anyone can find themselves in an unfortunate situation where an advanced directive would become crucial. Any adult, young or old, who wants to ensure their medical care wishes are followed, should consider creating an advance directive.
Why an Advance Directive is Important
The importance of an advance directive becomes evident when considering the complications that arise in its absence. Without an advance directive, medical professionals may find themselves relying on standard care protocols to make decisions, instead of adhering to your specific wishes. This approach can often result in prolonged medical interventions that you may not have wanted.
If you don’t have an advance directive then the heavy burden of making important medical decisions may be placed on your loved ones which could lead to disputes. These disagreements can escalate, bringing added stress, and even leading to potential legal battles during times already filled with emotion. The situation can also draw in the legal system, with courts stepping in to make decisions on your behalf, a process that can be both long and costly.
Above all, the emotional strain on your close ones can be heavy as they try to grapple with the uncertainty of not truly knowing your desires. An advance directive serves to provide clarity and a sense of peace amidst the turmoil. We nonetheless urge you to obtain a Representation Agreement in addition to an advance directive so that your loved one(s) are prepared to deal with any eventuality, or at least have the authority to make decisions that are responsive to your actual circumstances.
Planning Ahead
It's always a good practice to review all legal documents periodically, including advance directives. As we grow and evolve, our values and wishes can change. It's crucial to ensure that these documents mirror our current desires and not what we felt years ago.
FAQs
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An Advance Directive only covers specific healthcare decisions that you may not be able to anticipate at the time you write it. They often lack clarity and are therefore left up to interpretation. Additionally, doctors may lack confidence in following an Advance Directive because they don’t have context around the instructions and are unable to understand the patient’s true wishes.
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When written according to the requirements outlined in the Health Care (Consent) and Care Facility (Admission) Act, an Advance Directive is a legally binding document in British Columbia.
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An Advance Directive is a legally binding agreement that gives or refuses consent for specific healthcare decisions, typically related to end-of-life care. While it often covers the same end-of-life decisions as a Living Will, a Living Will is considered to be only a morally binding rather than legally binding agreement in British Columbia.
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An Advance Directive typically only includes decisions related to end-of-life care, while a Representation Agreement designates one or more representatives to make decisions respecting a broader range of personal and healthcare decisions upon your incapacity.
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The Advance Directive must be written and must be drafted at a time when the adult is capable and be witnessed by two persons (or one if that person is a lawyer or notary).
Additionally, an Advance Directive must include language confirming that:
the adult knows that healthcare professionals may not provide to the adult healthcare that the adult has refused consent for in the Advance Directive; and,
the adult knows that no person making decisions on behalf of the adult (e.g., a representative) can contradict the adult’s consent to or refusal of any healthcare specified in the Advance Directive.
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Yes! Your advanced directive is your document, reflecting your wishes. If you change your mind about something, or if there are changes in your health or personal circumstances, you can (and should) update your advanced directive.
Considering an Advance Directive?
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When it’s time to prepare for the future and secure your own peace of mind, Parr Business Law can help you determine the best option to protect your loved ones from having to make difficult decisions on your behalf. Schedule a free consultation call today to learn more.