A Last Will and a Living Will are two different estate planning documents: one deals with your affairs after you have passed on, while the other deals with your affairs while you are alive. A Last Will and Testament specifies decisions relating to the end of your life. A Living Will allows someone to make health care decisions on your behalf. If, for instance, you slip into a coma or no longer have the mental capacity to make decisions on your own, your Living Will expresses your wishes in regards to what type of health care you wish to receive. A Living Will, may for instance, contain a “Do Not Resuscitate” order or a refusal for a very specific type of medical procedure. We can assist you with a foolproof guide on how to create your legal documents.
To create a Living Will, you need to be at least 18 years of age and be of sound mind. You also need to appoint someone to act as your “Attorney” (otherwise known as an “Agent” or “Proxy” in some provinces) to convey your health care wishes to your family and physician who may be looking after you in a hospital. A Living Will can ensure that the choices relating to your health are respected by all parties impacted by your incapacity.