What is advance care planning?
With people generally living longer around Canada, more families in Vancouver are enquiring about advanced care planning.
The starting place is usually arranging a power of attorney and a personal directive.
As opposed to a will, probate, trust planning, etc., which address your financial affairs after you are gone, advance care planning addresses your medical and financial needs while you are still alive.
These documents help you prepare for making key decisions in the future if you become sick, injured, or incapacitated.
Without these documents, it can be challenging for families to make the necessary medical and financial arrangements when the key decision-maker loses mental capacity.
Under British Columbia law, family members will need to make an application to the court for a guardianship order in the absence of the correct documentation. Family members are unable to make these decisions without going through this often time-consuming legal process unless the advance care planning measures have been taken.
So, by following a few important steps now, you can ensure that a trusted, willing and capable individual can make decisions on your behalf if you are unable to.
This includes:
- Healthcare decisions in the event of incapacitation
- Healthcare decisions if you lose mental capacity as you age
- Financial decisions
- Other decisions that you have expressly communicated
Unfortunately, many families leave advance care planning too late because it can be an “awkward” topic to discuss, and some have a mindset of “it won’t happen to me”.
What should you include in an advance care plan?
A comprehensive advance care plan will normally include:
- An enduring power of attorney
- A personal directive or “living will”
Ideally, these documents are prepared early enough in your life to make provisions for if you suffer sudden incapacitation (like in a car accident or with a sudden illness) or when you are ageing and nearing the end of your life.
The lawyers at Vest Estate Lawyers in Vancouver will advise you on what to include, depending on your circumstances.
You may also like to consult with healthcare professionals and make sure to include your family in discussions as your decisions are likely to affect your closest loved ones the most.
How can an Enduring Power of Attorney help if you are sick or injured?
No long-term care plan is complete without an Enduring Power of Attorney.
This document allows you to nominate, in writing, a specific individual (or group of individuals) to make health and financial decisions on your behalf if you are no longer capable of doing so.
The problem that some families encounter is that they only realize the need for this document after their loved one has lost mental capacity. That is too late.
You need to make arrangements before incapacitation occurs – whether it is due to age, sickness, or an accident.
What is a personal directive?
In British Columbia, living wills are called “personal directives”.
This document allows you to nominate another individual to make personal decisions on your behalf if and when you are unable to do so.
Some typical decisions that need making as you grow older or suffer incapacitation include:
- Where you would like to live
- With whom you would like to live
- Who will care for any dependent children?
- Personal matters relating to employment, education or recreation
- Health matters
As you can see, the scope of a personal directive is a little broader than a power of attorney.
Depending on the nature of your incapacitation and the personal directive document you create, the nominated party or parties have the legal authority to make decisions for you on a temporary or permanent basis.
Remember that these important documents should be drawn up by a lawyer to make them legally enforceable.
To start preparing for whatever the future may hold, arrange a case assessment with one of the experienced estate planning lawyers at Vest Estate Lawyers in Vancouver.
Our Vancouver intake staff are standing by to help you. Call 778-452-0221 [toll free 1-877-402-1004] or contact us online to schedule an appointment.
We also have a dedicated intake form to help you get the ball rolling. Our intake team will review your specific case and advise you on the next steps to take, as well as what to expect moving forward.
Our Vancouver office is open 8:30 a.m.—4:30 p.m., Mon—Fri.
Conan Taylor
MANAGING PARTNER
Conan Taylor is the managing partner of Vest Estate Law. He specializes in the area of workplace law, including labour, employment, and commercial litigation matters. In his over 20 years of practice, Mr. Taylor has represented both individuals and corporations, respecting their workplace law matters.
