WHAT IS AN ADVANCE DIRECTIVE?

An advance directive is a legally binding document that provides the adult’s written
instructions, made while capable, directly to their health care provider, for the health care they
wish to consent to or refuse when incapable, in the future.  These instructions can include consenting to or refusing life support or life prolonging medical care interventions.  An advance directive does not appoint a person to act on your behalf.

While this can be a useful document for instructing health care providers with respect to anticipated concerns, it does not account for unanticipated situations. If a decision must be made and a situation is not addressed in the advance directive and you do not have a representation agreement, a healthcare provider must make a reasonable effort to appoint a Temporary Substitute Decision Maker (as determined under the Health Care (Consent) and Care Facility (Admission) Act).

Furthermore, health professionals can only act on it, if they are made aware of it prior to treating you. Thus, it is recommended that you carry it with you at all times, in an easily visible location, in case it is required.

What makes an advance directive legal?

The legal requirements for an advance directive are that it be in writing (i.e., not verbal), be
made and signed by the adult at a time when the adult is capable, and be witnessed by two
people who may each act as a witness (or one person if the witness is a lawyer or a notary
public).  The advance directive must also state that the adult knows that a health care provider may not provide any health care for which the adult refuses consent in the advance directive and that a person may not be chosen to make decisions on behalf of the adult in respect of any health care for which the adult has given or refused consent in the advance directive.

How does an Advance Directive fit with a Representation Agreement?