Many people avoid speaking or thinking about topics like wills or health care directives. But good planning today when one is healthy can avoid uncertainty and stress in crisis situations.
A useful tool to help plan for the future is the Health Care Directive. There may come a time when a person cannot communicate their wishes about medical care and treatment, such as being in a coma after an accident, being unable to speak due to illness or another similar reason.
A Health Care Directive takes effect if you are not capable of consenting to treatment and it will follow your wishes regarding health care. A Health Care Directive is prepared in advance. To make a directive, you must be at least 16 years of age and capable of making health care decisions. Being “capable” of making health care decisions means a person is able to understand the information about potential treatments and the consequences of making or not making a decision, and are able to communicate the decision.
A lot of people make a directive when they find out that they have a terminal or debilitating illness. For example, if you have cancer or dementia, or if you have an illness where you may have periods when you are incapable of making or communicating health care decisions. They make a directive when they are still in relatively good health to serve them at a time when they may no longer be able to make decisions.
But a health care directive can be made in any circumstances, not just in the case of a terminal illness. It is also a good form of prevention in case of an accident. But the bottom line is that a directive has to be made when a person is capable of making a health care decision. It is too late once you become incapable. It should be noted that a Health Care Directive can be cancelled or changed at any time as long as the person is capable. You can cancel a health care directive either orally or in writing. You may also destroy it, or make a new directive, which will cancel your old directive.
A Health Care Directive provides the doctor or other health care providers with directions about what kind of measures are acceptable to you when you can no longer communicate what you want. This is important in the case of resuscitation directives, palliative care or feeding tubes. When the doctor or other health care provider follows the directive with your instructions, they have protection from legal action.
If your medical condition involves a situation you have foreseen and dealt with in your directive, your doctor or other health care provider must follow these directions. If your medical condition
involves a situation you have not foreseen, and no proxy was named, your directive will be used as a guide.
“It’s important to set out what you want and what person you want as your proxy,” said Thomas Mountain of the law office of Mountain and Mountain in Assiniboia. Your directive can give specific directions regarding certain treatments and situations.
Therefore, it should be as clear and specific as possible. Health care providers do not have to follow directions that are not clear.
The Health Care Directive also allows you to name another person as your proxy. The proxy can make all or some health care decisions for you. Your proxy will make decisions for you when you are not able to make or communicate those decisions yourself and your directive does not address the situation.
The proxy can be an person you choose like a friend or attorney, and does not need to be a family member. You can choose any person who is at least 18 years old and has the capacity to make health care decisions.
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