Where does my living will
fit?
A living will fits within the Representation Agreement.
A living will or health care directive generally covers instructions related to refusing life support.
There is no separate ‘Living Will Law’ in British Columbia.
There IS a requirement for health care providers to follow your pre-expressed wishes in emergency situations – but they must be sure:
• it is a wish you expressed as an adult (you were 19 years or older); and
• you were capable when you expressed this wish or instruction; and
• that your specific wish applies to the specific circumstance in question; and
• there is no evidence that you have changed your mind.
With a Representation Agreement, you can give your Representative (someone you choose and trust) the authority to have the final say on your wishes despite disagreement by others. A Representative can confirm that you have not changed your mind and can help ensure the circumstance at hand is the one you anticipated. These benefits will apply in ALL situations (not just emergencies).
A Representation Agreement covers authority and wishes for many more situations than end-of-life. It covers situations such as arranging rehabilitation after a stroke or consent for surgery as a result of a traffic accident.
A Representation Agreement covers personal care as well as health care. Personal care includes where you live, arranging support services and quality of life matters such as personal grooming, diet and exercise.
As the BC Ministry of Health reports, only 10% of deaths are of a sudden nature. Most of us will die having lived for some time with a chronic condition – for example: cancer, Alzheimer disease, multiple sclerosis, Parkinson’s etc.
Planning for future care should reflect this reality:
1. The Representation Agreement IS a living will AND it also addresses issues related to living with chronic illness or disability.
2. If you already have an existing living will, you can give it full legal effect and broader scope by making a Representation Agreement.
A living will is only one aspect of a Future Care Plan. Find out how to make and register a legal plan that protects ALL areas of your life AND your specific wishes. See the Publications section.