Ensure your health care wishes are respected with professionally drafted advance directives and personal directives. Our experienced team in Mount Pleasant provides clear legal guidance and comprehensive document preparation for peace of mind.
Why Hire a Health Care Directive Lawyer in Mount Pleasant
- Ensure your directives comply with Ontario’s Health Care Consent Act and substitute decisions legislation.
- Appoint trusted substitute decision-makers with clear authority for health and personal care.
- Draft precise, enforceable instructions to avoid ambiguity and family disputes.
- Update and revoke directives properly to reflect changing health or personal circumstances.
- Coordinate directives with wills and power of attorney documents for seamless estate planning.
Our Health Care Directive Services
- Drafting advance directives (personal directives) for health and personal care.
- Preparing medical powers of attorney and substitute decision-maker appointments.
- Reviewing and updating existing directives for legal validity and clarity.
- Advising on notarization, witnessing requirements, and registration options.
- Providing guidance on revocation, amendment, and coordination with estate documents.
Common Questions About Health Care Directives in Mount Pleasant
What is an advanced directive in Ontario?
An advanced directive in Ontario, or personal directive, records your health and personal care preferences for future incapacity.
It appoints a substitute decision-maker and provides legally binding instructions under provincial law.
Are advance directives legal in Ontario?
Yes, advance directives are recognized under Ontario’s Health Care Consent Act as personal directives.
They ensure your treatment preferences are followed when you cannot consent yourself.
What is a health directive in Canada?
A health directive, often called a personal directive or advance directive, outlines your medical care wishes and appoints a decision-maker.
It guides health professionals and substitute decision-makers during incapacity.
What is a power of attorney for health care in Canada?
A power of attorney for health care grants authority to an appointed agent to make health decisions on your behalf.
It is effective only if you lack capacity and complements your personal directive.
What is a medical power of attorney in Canada?
A medical power of attorney specifically covers consent to or refusal of medical treatments.
It empowers your agent to act in accordance with your documented health care preferences.
Who can write a medical directive?
Any competent adult can prepare a medical directive or personal directive in Ontario.
You must understand the nature and consequences of the document when you sign it.
Do personal directives need to be notarized?
Personal directives require signing by you and two adult witnesses; notarization is optional.
Although not mandatory, notarization can strengthen authenticity and prevent challenges.
Who is a substitute decision-maker in Ontario?
A substitute decision-maker (SDM) is the individual you appoint to make personal care decisions when you cannot.
If you don’t name an SDM, the Health Care Consent Act sets a hierarchy of family members.
What is the difference between a power of attorney and a personal directive?
A power of attorney for property handles financial matters, while a personal directive covers health and personal care decisions.
Both documents appoint agents but serve distinct functions under the law.
What is the difference between an advance statement and a directive?
An advance statement expresses your care preferences without appointing an SDM or containing binding instructions.
A directive is legally enforceable and names your decision-maker alongside explicit instructions.
What is the difference between a direct order and a medical directive?
A direct order is a binding instruction from a health professional for immediate treatment, whereas a medical directive is your written care plan.
Direct orders apply to specific procedures; directives guide future treatment decisions.
What should a directive include?
Your directive should detail care preferences, treatments to accept or refuse, and the appointed SDM’s contact information.
Including values and personal beliefs helps guide decisions in unforeseen situations.
What are the documents for a personal directive?
Key documents include the signed personal directive form with two adult witnesses and any attached letters of instruction.
You may also provide copies to your SDM and health care providers.
What is a directive document?
A directive document, or personal directive, is the formal instrument capturing your health care instructions and SDM appointment.
It ensures compliance with provincial laws and guides substitute decision-making.
What is an example of a directive statement?
An example statement: “I consent to palliative care only and refuse life-sustaining treatments if recovery is unlikely.”
Clear, specific language ensures your health care team and SDM understand your wishes.
What is an example of a directive question?
A directive question might ask: “Do you wish to receive artificial nutrition and hydration if you cannot swallow?”
It prompts you to clarify preferences on particular treatments or interventions.
What is an example of directive ordering?
Directive ordering states priorities, such as: “First provide pain relief, second allow natural death, third hospital transfer.”
This sequence guides your SDM and medical team in executing your care plan.
What is the best example of an advance directive?
The best example combines clear treatment refusals and consents with an appointed SDM and supporting values statement.
It leaves minimal ambiguity and covers various medical scenarios.
Do I need a lawyer for a POA in Ontario?
While you can use DIY forms, a lawyer ensures your POA and personal directive meet legal requirements.
Professional drafting reduces errors and potential challenges.
How much does it cost to get a power of attorney in Ontario?
Standard POA documents cost $300–$600 each, with combined packages priced at $800–$1,200.
Fees vary based on complexity and additional legal advice.
Who makes medical decisions if you are incapacitated?
Your named SDM makes decisions based on your directive; if no SDM exists, provincial law designates a default family member.
Ensuring your directive is current allows your chosen SDM to act promptly.
How do I revoke a personal directive?
Revoke by destroying the document or signing a written revocation before two witnesses.
Notify your SDM and health providers to ensure they follow your updated wishes.
How to deem someone incompetent in Ontario?
Capacity is assessed by a qualified health professional; if you lack capacity, your SDM takes over under the directive.
Courts intervene in disputes or to confirm incapacity only when necessary.
Who is the final decision-maker?
Your appointed SDM under the directive is the final decision-maker for personal care matters.
Courts may override decisions only if evidence shows abuse or conflict of interest.
What is a controlled act in Ontario?
Controlled acts are specific medical procedures restricted to authorized health professionals, such as prescribing drugs.
Your directive guides consent for these acts when you cannot provide it yourself.
Who should make end-of-life decisions?
Your substitute decision-maker, guided by your advance directive and personal values, should make end-of-life choices.
Having clear directives reduces family stress and ensures your preferences are respected.
What is the dementia directive?
A dementia directive outlines care preferences specifically for cognitive decline scenarios, including living arrangements and interventions.
It helps your SDM manage progressive incapacity with clarity.
What should a directive memo include?
A directive memo includes concise bullet points of your core values, key treatment refusals, and SDM contact info.
It serves as a quick reference for medical staff and your decision-maker.
What is a directive in Canada?
A directive in Canada refers to a legal document expressing your health or personal care instructions for when you cannot decide.
It encompasses personal directives, advance care plans, and health care proxies.
How to write a directive?
Start by clearly stating your treatment preferences, appointing an SDM, and outlining values guiding decisions.
Sign the document with required witnesses and provide copies to your SDM and health care providers.
Contact Us
For expert drafting and advice on health care directives and substitute decision-making, contact us at for a confidential consultation.