What is Living Will in BC?

Takeaways for what is living will in BC

A living will (called an advance directive in British Columbia) is a legal document that lets you write down your health care preferences—specifically what treatments you do or don’t want—if you’re ever unable to make or communicate decisions due to illness or injury.

• Not the same as a Last Will – This one applies while you’re still alive but unable to speak. It’s about health care, not who gets your house.
  
• Legally recognized in BC – If signed and witnessed properly, doctors must follow your instructions under provincial law.
  
• No lawyer needed – You can write one yourself using free BC forms like the “My Voice” guide. But legal advice can help ensure clarity.
  
• Common choices include whether to allow CPR, feeding tubes, ventilators, or comfort-only care in critical situations.
  
• Pairs well with other tools – A living will gives direct medical instructions. A Representation Agreement lets you appoint someone to make decisions on your behalf. A Power of Attorney handles financial matters only.
  
• Change it anytime – As long as you’re mentally capable, you can revoke or replace your living will as your preferences evolve.
  
• Brings peace of mind – It reduces confusion, prevents family conflict, and makes sure your wishes are followed—so your loved ones don’t have to guess or argue during a crisis.

Tip: Once created, give copies to your doctor, family, and representative. And let them know where to find it. A great plan doesn’t work if it’s locked away and forgotten.

A living will in British Columbia (BC) is a document that lets you outline your medical care wishes in advance, in case you’re ever unable to communicate your decisions. In Canada – and especially in BC – this kind of document is often referred to as an advance directive, meaning written instructions for health care providers to follow if you become incapacitated. 

In simple terms, a living will (advance directive) tells others what treatments you do or do not want if you can’t speak for yourself.

Planning ahead with a living will is an important part of advance care planning in BC. It ensures that your loved ones and doctors know your preferences, so you receive the care you want and avoid treatments you wouldn’t want. 

This guide explains everything you need to know about living wills in British Columbia – what they are, how they differ from other documents like a Last Will or Representation Agreement, how to create or revoke one, and the legal weight they carry in BC. 

We’ll also answer common questions (FAQs) and provide tips for making your advance care plan. If you need personalized help with any of these steps, our friendly team at merchantlaw.com is here to assist you.

What is a Living Will in British Columbia?

A living will (also called an advance care directive or advance directive in BC) is a written statement of your health care wishes to be followed if you cannot make decisions yourself. 

Unlike a traditional “Last Will and Testament” which deals with distributing your property after death, a living will applies while you are alive. It guides medical decisions during serious illness or incapacity. Essentially, it speaks for you regarding health treatment when you can’t speak for yourself.

In British Columbia law, the term “living will” isn’t officially used (it’s more common in the U.S.), but the idea is captured under advance directives and expressions of wishes. BC’s Health Care (Consent) and Care Facility (Admission) Act allows capable adults to leave written instructions about consent or refusal of healthcare in the future – this is what we mean by a living will. 

If properly made, an advance directive is legally binding on health care providers in BC: medical staff must follow the instructions in your directive when those instructions apply to your situation. 

In other words, your doctors are obligated to respect your documented wishes just as if you were giving informed consent yourself.

Living Will vs. Last Will & Testament:

It’s important not to confuse a living will with a Last Will and Testament. 

A Last Will deals with your estate – your money, property, and guardianship of minor children after you die. It has no power until death and is governed by BC’s Wills, Estates and Succession Act (WESA). 

A living will, on the other hand, has nothing to do with property or assets. It deals only with health care decisions while you’re alive but incapacitated. 

For example, a living will might say “no resuscitation if my heart stops” or request comfort care only, whereas a Last Will might say “my house goes to my spouse.” 

Both documents are key parts of planning, but they serve entirely different purposes. In a complete estate and care plan, you will likely want both – the living will to guide health care during your life, and the Last Will to handle affairs after death.

Legal Status and Purpose of Living Wills in BC

In British Columbia, a living will (advance directive) is recognized by law as your personal healthcare instructions. While the term “living will” itself isn’t in Canadian statutes, BC law since 2011 explicitly allows advance directives and gives them legal force. 

This means if you have a valid advance directive, healthcare providers and decision-makers must abide by it, as long as it clearly applies to the medical situation at hand. 

Your right to control your medical care is protected – even if you can’t voice it at the time, your written instructions carry weight.

To be legally valid in BC, an advance directive (living will) must meet certain requirements. It must be made by an adult who is mentally capable at the time of writing. In BC, adulthood is age 19 or older. You need to understand the nature and consequences of the decisions you’re documenting. 

The directive must be in writing, dated, and signed by you, and it must be witnessed correctly. Typically, two adult witnesses need to watch you sign (and they must sign as witnesses) for the document to be valid. If one of the witnesses is a BC lawyer or notary public, then only that single witness is required. 

Witnesses cannot be people who provide you health or personal care services (e.g. your doctor or caregiver) or their spouses, and they must be 19+ themselves. These formalities ensure the document is bona fide and not made under duress.

The purpose of a living will is to make your medical wishes clear in advance. Commonly, people use it to state preferences about life-sustaining treatments (like ventilators or feeding tubes), resuscitation (DNR orders), pain management, or other interventions they would accept or refuse. 

By recording these choices, you guide your future care. This provides peace of mind that you’ll receive treatment you’re comfortable with and avoid treatments you oppose. It also spares your family the anxiety of guessing what you would want in a crisis. 

BC healthcare providers will refer to your advance directive if you’re incapacitated to determine what treatments you have consented to or declined.

Living Will vs. Representation Agreement:

BC has another important document called a Representation Agreement. This is different from a living will, though both are part of advance care planning. 

A Representation Agreement allows you to appoint a person (a representative) to make healthcare decisions on your behalf if you become incapable. In contrast, a living will does not appoint anyone – it is direct instructions from you to medical staff. 

With a living will/advance directive, healthcare providers follow your stated wishes directly. With a Representation Agreement, your chosen representative has authority to decide in the moment, ideally guided by any wishes you’ve expressed to them (including what’s written in your living will).

In practice, many people in BC choose to make both documents: an advance directive to spell out specific treatments, and a Representation Agreement to name a trusted decision-maker for anything not covered by the directive. 

If you have both and there’s any overlap, BC law gives the representative the final say by default – they are expected to consult your directive and wishes, but can make the ultimate decision if circumstances warrant. 

(You can also specify that your advance directive is to be followed strictly even over your representative’s input, if you prefer.) The key difference is control vs. flexibility: a living will gives you control by preset instructions, whereas a representation agreement provides flexibility by empowering someone you trust to decide on the spot. Both serve to ensure your values guide your care.

Living Will vs. Power of Attorney:

Another document people ask about is the Power of Attorney (POA). A Power of Attorney in BC usually refers to financial and legal authority. 

For example, an Enduring Power of Attorney lets someone manage your finances or property if you become incapacitated. It does not cover health or personal care decisions in BC. Health care decisions are handled by a Representation Agreement, not a POA, in this province. 

So, while a POA is a critical part of incapacity planning, it addresses different matters (money, property, legal affairs) and not your medical or personal care wishes. 

In summary, POA = finances, Living Will = health care, and Representation Agreement = health/personal care decision-maker. All three can work together in a comprehensive plan.

How to Create a Living Will (Advance Directive) in BC

1. Reflect on Your Wishes: Start by thinking about the kinds of medical treatments you would want or refuse in various situations.
   
   Consider scenarios like: Do you want life support machines if recovery is unlikely? Would you want CPR if your heart stops and you’re terminally ill? How do you feel about feeding tubes or dialysis in an end-of-life context?
   Also consider pain relief and comfort care. Most people want adequate pain management even if they decline aggressive treatment. Taking time to clarify your values, beliefs, and wishes is the first step. It might help to discuss with your family, doctor, or faith leader as you ponder these decisions.
2. Gather Information: It’s wise to learn about any health conditions you have and the typical decisions that might come up. Talk to your physician about what future health complications or critical care choices could arise given your situation.
   For instance, if you have a chronic illness, ask what interventions are likely in advanced stages. Understanding the medical options and outcomes will help you give informed instructions. BC’s advance care planning guide (the “My Voice” guide) is a great resource that walks you through common treatments and personal considerations for making these choices.

3. Write Down Your Instructions: Once you know what you want to say, draft your advance directive in writing. There’s no required form in BC, but your document should clearly state which treatments or care you consent to or refuse in certain circumstances.
   Use specific language and cover the major decisions. For example, you might write: “If I am in a permanent vegetative state with no hope of recovery, I refuse any life support or feeding tubes.” Be as clear as possible to avoid ambiguity – your medical team will interpret and follow this document literally.
   You can also include positive instructions (e.g., “I would accept palliative chemotherapy if it could give me a better quality of life, but not if it only prolongs suffering”). The goal is to make your wishes unmistakable.
   It’s often recommended to include a statement such as “This advance directive is made while I am capable, and I intend for it to apply and be followed under the Health Care (Consent) Act if I am ever incapable of deciding for myself.” This reinforces the legal intent of your living will.
   When writing your living will, you don’t need a lawyer. Many people prepare it themselves using available guides or templates.
   For instance, BC’s Ministry of Health provides free advance directive forms and the “My Voice” workbook that you can fill in with your instructions. Hospitals and health authorities often have forms as well. However, getting legal advice is a good idea, especially if your wishes are complex.
   A lawyer familiar with BC’s advance care planning laws can ensure your wording is effective and meets all legal requirements. They can also advise how your directive works alongside a representation agreement or other documents. Our team at merchantlaw.com is happy to help draft a crystal-clear, legally sound advance directive that reflects your true wishes.

4. Meet the Signing Requirements: For your advance directive to be legally valid, you must sign it in the presence of witnesses as required by BC law. Here’s what to do:

• • Sign and date the document yourself while you are still capable. Do this in front of your witnesses.
  • Have two adult witnesses sign and date the document as well. They should watch you sign, and then sign in your presence (and each other’s). By signing, they attest that you appeared capable and signed voluntarily.
  • Exception: Only one witness is needed if that witness is a lawyer or notary public in BC. In that case, the lawyer/notary signs and their professional status is noted.
  • Ensure your witnesses are eligible. Each must be 19 or older and must not be someone who is paid to provide you health care or personal care (e.g. not your nurse or care aide). They also can’t be a close relative or employee of such a care provider.
    Usually, friends, neighbours, or colleagues can serve as witnesses if they meet these criteria. A spouse or family member can witness only if they aren’t also your paid caregiver and otherwise have no conflict of interest. It’s often simplest to use two independent people as witnesses.

• • The witnesses should print their names and addresses as well, in case verification is needed later.

Meeting these formal witnessing requirements is crucial. An advance directive that isn’t properly witnessed may not be legally effective. Once signed and witnessed, your living will is officially made.

5. Distribute and Communicate: After creating your living will, make sure the right people know about it! Give copies to your doctor, any specialists involved in your care, and your closest family members.
   It’s also wise to inform your chosen representative (if you have a Representation Agreement) about your directive and provide them a copy. Let them know the circumstances under which you’d want the directive used.
   Discussing it helps avoid any surprises or misunderstandings. Additionally, keep a copy for yourself in a safe but accessible place (for example, with your other important documents or posted on your fridge in case paramedics come to your home).

BC also offers ways to register or record the existence of your living will:

• • You may file a Wills Notice with the BC Vital Statistics Agency to record that you have made an advance directive (similar to registering a will) and where it’s located. This is the same registry used for traditional wills.
    Filing a notice (for a small fee) means when a search is done (for example, if someone applies for committeeship or after death), your directive’s location is on file. Note that Vital Statistics does not keep the document itself – it’s just a notice of where your living will is stored.
  • Alternatively, you can register your advance directive with the Nidus Personal Planning Registry, a secure online registry in BC for personal planning documents. Nidus allows you to upload your directive and even permits authorized healthcare facilities and individuals to access it if needed. This can be very handy in an emergency.
  • Whether or not you formally register it, make sure your health care providers know you have an advance directive on file. Some people carry a wallet card or wear a medic alert indicating they have a directive and who to contact to get it.

By taking these steps, you increase the likelihood that your living will is known and readily available when needed. A beautifully written advance directive won’t help anyone if it’s locked away and no one knows about it. So, communicate and distribute copies as part of the creation process.

Changing or Revoking a Living Will

Life circumstances and preferences can change. You might later decide to update your medical instructions – and that’s completely okay. In BC, you retain the right to revoke (cancel) or revise your living will at any time, as long as you’re still mentally capable of making that decision. Here’s how to go about it:

Revoking a Living Will

To revoke (cancel) your living will, the simplest method is to destroy the document intentionally. For example, you can tear up, shred, or burn the paper copy of your advance directive as a way of indicating it’s no longer valid. 

Under BC law, destroying the document with intent to revoke it is an acceptable way to cancel your directive. However, it’s wise to go a step further and communicate the revocation:

• Inform Your Circle: Let your doctors, family, and anyone who had a copy of your living will know that you have revoked it. You want to make sure outdated instructions don’t accidentally get followed. If you filed a Wills Notice or registered with Nidus, you should update those records as well (e.g., file a notice that the directive was revoked).
• Document the Revocation (Optional): While not strictly required, you may choose to sign a brief statement saying “I hereby revoke the advance directive dated XYZ.” This could be useful for clarity – especially if you’re replacing it with a new one.

Once revoked, the old living will is no longer legally effective. Health providers or representatives should not rely on it. Make sure everyone discards their copies of the old directive.

Changing (Updating) a Living Will

If you want to change your living will (for example, add new instructions or alter existing ones), the best practice is to create a brand new document that reflects your current wishes. Draft a new advance directive document with all the updated instructions. When you do this:

• Clearly state in the new document that it replaces any previous directives. For instance, include a line: “I revoke any prior advance directive or living will made by me.” This leaves no doubt that only the newest version should be followed.
• Sign and witness the new directive with the same formalities as when you made the first one (it has to meet all legal signing requirements to be valid, just like before).
• Distribute copies of the new version to your doctors, family, and others, just as you did originally.
• Retrieve or destroy old copies of the previous directive so they aren’t confused with the new one. If your physician or family has an old copy, replace it with the updated version.
• Update any registry or notice. For example, if you filed a Wills Notice for the old directive, file a new one for the new directive. If you registered with Nidus, upload the new document there.

Effectively, changing a living will is a two-step: revoke the old and replace with the new. Because even small edits require the formal signing/witness process, it’s generally easiest to create a fresh document with all your changes, rather than trying to amend an existing one.

Important Considerations When Updating

• Consult a Professional: If you’re making significant changes, you may want to consult a lawyer or healthcare professional. They can ensure your new instructions are clear and legally sound, and that you haven’t accidentally created conflicting directives. The lawyers at merchantlaw.com can review your updated living will or help draft changes to make sure everything is airtight.
• Witnesses: Remember that any new version must be properly witnessed just like the original. Even for a revised document, you can’t just sign it alone and call it done – follow the legal witnessing steps so the updated directive is valid.
• Periodic Reviews: It’s a good habit to review your living will periodically – say every few years or whenever you have a major health diagnosis or life change. What you wrote 10 years ago may no longer reflect your current wishes or medical situation. Regular reviews allow you to confirm it still aligns with your thinking. If not, update it then.
• Communicate Changes: Just as with revocation, let key people know when you’ve changed your advance directive. Family and healthcare providers should be aware that a new document exists and replaces the old.

By keeping your living will up to date, you ensure that it will be effective when needed. An outdated directive could cause confusion or may not cover a scenario that ends up happening. So, treat it as a living document that grows with you. And remember, only one version should be in effect at a time. Always void the old when a new directive comes into play.

The Legal Effect of a Living Will in BC

A properly executed living will (advance directive) has significant legal weight in British Columbia. It is not just a casual guideline, it is legally binding on those involved in your care. Here’s what that means:

Health Care Providers’ Obligations:

Doctors, nurses, and other health care providers in BC are generally required to follow a patient’s known prior instructions regarding treatment. 

If you have an advance directive that clearly applies to the situation, the medical team must follow the instructions you’ve given, just as they would follow your direct consent or refusal if you were conscious. 

For example, if your living will states “no blood transfusions” and you need a transfusion during surgery while unconscious, the surgical team should NOT give blood (assuming it’s not an emergency where no alternative exists and your directive is applicable). Your advance directive essentially speaks with your voice – legally, it’s as if you have spoken.

In an emergency, doctors will always act to stabilize first if immediate treatment is required and your wishes aren’t known. But as soon as your advance directive is accessed and it addresses the circumstances, they should respect it. 

Health care providers may verify that the directive is valid (e.g., properly signed) and that it indeed covers the treatment decision at hand. 

They will also consider if there’s any reason the directive might not apply (for instance, if instructions are unclear or a scenario wasn’t anticipated – more on that below). Assuming everything checks out, your documented wishes override the default protocols.

It’s worth noting that an advance directive only comes into play when you are incapable of deciding at the time. If you can still understand and communicate, you make your own decisions in the moment – even if they differ from what you wrote before. 

The current expressed wish of a capable patient always takes priority. The living will is essentially a backup for when you cannot express your wishes.

Substitute Decision-Makers and Family:

If you have appointed a representative under a Representation Agreement, that person is obligated to abide by any instructions or known wishes you expressed while capable. 

Your advance directive is considered a set of “prior capable wishes.” Thus, a representative or any temporary substitute decision-maker must consider your living will as they decide on your care. 

In BC, if you haven’t made a representation agreement or advance directive, the law will assign a Temporary Substitute Decision Maker (TSDM) – typically a close family member, chosen from a ranked list (spouse, adult child, parent, sibling, etc.). 

But even a TSDM chosen by law cannot override clear instructions you left in an advance directive. They “step into your shoes” only for decisions where you left no guidance. Where you have given guidance, they and the doctors should follow it.

Limits and Uncertainties:

There are a few scenarios where a living will might not be followed to the letter. If your instructions are unclear, vague, or not applicable to the medical situation, providers might have to rely on clinical judgment or get a decision from a substitute decision-maker as if no directive existed. 

For example, if you wrote “no extreme measures” but didn’t define that clearly, doctors might be unsure what you intended. In such cases, they may treat it as if you had no advance directive (meaning the TSDM or representative would decide in your best interests). To avoid this, be as specific as possible when writing your living will.

Additionally, new medical treatments or unforeseen circumstances could arise that you didn’t address. 

A classic example: your directive might refuse “ventilator support if no chance of recovery,” but what if there’s a treatment that could give you some chance? If the directive doesn’t speak to that nuance, there may be interpretation needed. 

Healthcare providers in BC are guided to use your directive if relevant, but they won’t apply it blindly if doing so doesn’t make sense for the situation. They must use professional judgment to ensure it’s applicable, and if not, they revert to the usual consent process via a substitute decision-maker.

Enforcement and Remedies:

What if a healthcare provider ignores your living will or a family member tries to contest it? 

Generally, medical professionals are quite respectful of advance directives. It’s part of the law and ethics to honour patient autonomy. If a provider were to willfully disregard a valid directive (e.g. administer CPR when you had a DNR order in a clear advance directive), they could face legal and professional consequences. 

You or your family could file a complaint with the health authority or the regulatory college (for example, the College of Physicians and Surgeons) if your directive was not respected. In extreme cases, court action could be taken to enforce your wishes. 

BC courts can issue orders to uphold an advance directive or restrain treatment that you had refused. The Wills, Estates and Succession Act and other laws support your right to have prior capable wishes followed, and the courts acknowledge that. 

That said, court involvement is rare; most disputes are resolved through hospital ethics committees or negotiations with healthcare teams. The best prevention is a clear directive and good communication with your family ahead of time, so everyone is on the same page and no one feels the need to fight the medical decisions made.

Impact on Your Family and Loved Ones

One of the greatest benefits of having a living will is the positive impact it has on your family and loved ones during difficult times. By making your wishes known in advance, you are ultimately giving a gift to those who care about you:

• Removing the Guesswork: Without a living will or clear instructions, family members are often left guessing what you “would have wanted.” This can be extremely stressful and can lead to second-guessing or guilt.
  By contrast, if you have a living will, your loved ones can take comfort in knowing the decisions being made (such as withdrawing life support or pursuing a certain treatment) are what you explicitly wanted. It spares them the agony of wondering if they’re doing the right thing.
• Preventing Family Conflict: In many cases, different relatives might have differing opinions about what care is best. We’ve all heard stories of families in turmoil – one child wants “everything done” while another believes Mom wouldn’t want to be kept on machines, etc.
  Such conflicts can become heated and painful. A living will serves as a clear guide and can significantly reduce disputes. When your instructions are in writing, there’s little room for argument: everyone can rally around honouring your stated wishes. This can help maintain family harmony at a time when emotions are already high.
• Easing Emotional Burdens: Having to make life-and-death decisions for a loved one can be an emotionally crushing responsibility. Spouses or children may later wrestle with guilt (“Did I make the right call to stop treatment?”). A living will lifts that burden by making the decision for them.
  Your family won’t feel that they are deciding – they’ll know you decided through your directive. Psychologically, this can bring immense peace of mind. They can focus on supporting you and each other, rather than agonizing over choices.
• Ensuring Dignity: Many people create living wills because they wish to spare their loved ones the trauma of seeing them suffer or being kept alive in a state they consider undignified.
  By clearly stating you don’t want aggressive interventions in certain scenarios, you also communicate to your family that it’s okay to “let go” when the time comes. This can help family members accept the situation more readily, knowing it aligns with your concept of dignity and quality of life.

In short, a living will not only protect you, but it also protects your family from unnecessary pain and conflict. It is an act of kindness and consideration for them. Countless families who have used a loved one’s advance directive have expressed relief that the decision was straightforward and in accordance with their loved one’s values. 

By planning ahead, you relieve your closest companions of the heavy burden of decision-making in a crisis, allowing them instead to spend that time offering comfort and love.

Key Considerations When Planning a Living Will

Before and during the process of making your living will, keep these key considerations in mind:

• Think About Values, Not Just Treatments: Try to identify the core values that guide your decisions. Is preserving life at all costs most important to you, or is quality of life what you value more? Are there certain conditions (like permanent unconsciousness) that, to you, would be worse than death?
  By understanding your own values, you can craft instructions that reflect those values. Medicine can’t predict every scenario, so writing a values statement in your directive can help guide doctors and your decision-makers for situations you didn’t specifically address.
  For example, you might write “If I have no reasonable hope of recovery and am suffering or unaware of my surroundings, I would prefer to be allowed to die peacefully.” This kind of statement provides overarching guidance.
• Detail Specific Scenarios: Along with broad values, do cover specific major interventions: CPR, mechanical ventilation, feeding tubes, dialysis, surgery, antibiotics in life-threatening infection, etc. Consider if your wishes would differ based on scenario (terminal illness vs. temporary critical illness, for instance).
  The more specific you can be (“I would accept short-term ventilation if recovery is expected, but not long-term if I am brain-injured without hope of regaining awareness”), the better providers can tailor care to your wishes.
• Discuss With Your Doctor: It’s highly recommended to review your draft wishes with your physician or a healthcare professional. They can tell you if any instruction is unclear or if there are medical nuances to consider.
  For example, you might say “no antibiotics,” but a doctor might clarify “do you mean in all cases, or just if it only prolongs the dying process?” These conversations help refine your directive.
  Doctors can also explain how certain emergencies play out, which might influence how you phrase things.
• Choose a Good Representative (if making one): If you decide to also make a Representation Agreement, choose someone who knows you well and truly understands your beliefs. Talk to them in depth about your living will and your expectations. They will be your advocate, so you want them to be on the same page as you.
  They should be someone who can handle potentially tough decisions and will honour your wishes even if others pressure them otherwise. Make sure to legally appoint them through the proper Representation Agreement form (Section 9 for full powers in health care decisions, in most cases).
• Avoiding Confusion and Conflict: If possible, talk to all close family about your advance wishes. Even if one person is your official representative, it helps if others (children, siblings, etc.) are aware of and respect your plans. Surprises can lead to conflict.
  By addressing any concerns or questions your family has now (“Why would you refuse this treatment?” for example), you can alleviate disagreements later. Clear communication now can prevent conflicts in the hospital waiting room when emotions are high.
• Plan for Document Accessibility: Think about how your directive will be accessed in an emergency. Some people keep a copy in the glove compartment of their car or taped inside a kitchen cupboard with a clear label.
  Paramedics in BC are trained to look for MedicAlert bracelets or notices on the fridge indicating an advance directive or DNR. You can also carry a wallet card. The key point: it’s no use if nobody knows it exists, so incorporate into your planning how it will surface when needed.
• Complementary Documents: Recognize that a living will is one piece of the puzzle. It generally addresses medical treatments. It doesn’t appoint a decision-maker (that’s the representation agreement) and it doesn’t handle finances (that’s a power of attorney) or after-death wishes (that’s a Last Will). Consider preparing those documents as well for a complete plan.
  For health matters, also know that BC has something called a Temporary Substitute Decision-Maker (TSDM) list built into the law. If you don’t appoint a rep, this list will determine who makes decisions for you if you’re incapacitated.
  If you’re uncomfortable with the default hierarchy or have potential family disputes, it’s all the more reason to do a representation agreement to choose your decision-maker rather than rely on the default.

By keeping these considerations in focus, you can create a living will that is thorough, clear, and effective. The process is as important as the product – thoughtful planning and open conversations are key to making sure your advance directive truly captures your wishes and will serve its purpose when invoked.

Resources and Support for Advance Care Planning in BC

You’re not alone in this process. There are plenty of resources in British Columbia to help you understand, create, and register your living will or other advance care documents:

• BC Government Materials: The BC Ministry of Health provides an excellent guide called “My Voice: Expressing My Wishes for Future Health Care Treatment”. This comprehensive workbook walks you through scenarios and includes forms for writing an advance directive and representation agreement. It’s available for free download on the gov.bc.ca website (in multiple languages).
  The government’s Advance Care Planning page also has information on the legal framework and links to forms (like the Representation Agreement forms and Advance Directive forms). These are 100% BC-specific and are updated regularly to reflect current laws.
• Nidus and Other Organizations: Nidus is a BC non-profit organization specializing in personal planning. They have fact sheets and examples for advance directives, representation agreements, and powers of attorney.
  Nidus also operates the Personal Planning Registry (mentioned earlier) where you can store your documents for a small fee.
  Another resource is the Merchant Law Group LLP, which offers plain-language guidance on preparing an advance directive and other planning tools, including FAQs and template wording suggestions. These resources can help demystify the legal forms and offer tips from a BC perspective.
• Health Authority Resources: Health authorities in BC (like Fraser Health, Interior Health, Vancouver Coastal Health, etc.) often have advance care planning programs. They provide brochures, workshop sessions, or even facilitators who can guide you through making a plan.
  For example, Interior Health’s website has an Advance Care Planning section with the five-step planning process and downloadable planning workbooks. Check your local health authority’s website for “Advance Care Planning” – you might find videos, seminars or contacts for further help.
• Legal Advice: If you feel you need personalized advice, or you have a complicated family or medical situation, consulting a lawyer is a good step. An estate planning or elder law lawyer in BC will be familiar with advance directives and representation agreements.
  They can ensure your documents meet all formalities and truly reflect your intentions. Lawyers can also advise on tricky questions like choosing a representative, handling out-of-province issues, or coordinating multiple documents.
  At Merchant Law, we have experienced estate planning lawyers who can assist with drafting living wills, representation agreements, and any other advance planning documents you may need. Don’t hesitate to reach out for professional help – it can provide extra peace of mind.

Using these resources, you can confidently navigate the process of making a living will. Even if you’re just in the brainstorming stage, educational materials and professionals are available to answer questions. Advance care planning is all about empowerment – empowering yourself with knowledge and your loved ones with clarity.

Conclusion:

In the end, creating a living will in BC is about having control over your future health care and easing the way for those who will care for you. It’s an act of responsibility and compassion. 

By writing down your healthcare preferences now, you ensure that your voice will guide critical decisions later. This not only protects your personal dignity and autonomy, but it also lifts a burden off your family’s shoulders during emotionally challenging times. 

If you haven’t yet prepared your living will or other advance care documents, consider taking that step now – and remember, the caring professionals at Merchant Law Group LLP are ready to assist and answer any questions you may have.

Frequently Asked Questions

What is the process for creating a living will in British Columbia?

Answer: To create a living will (advance directive) in BC, start by reflecting on your healthcare values and the treatments you would want or not want in various situations. Discuss these with your doctor and family if possible. Then, write down your instructions clearly. 

You can use the BC government’s My Voice advance care planning guide or a free template. Make sure to sign and date the document in front of the required witnesses (two adult witnesses, or one lawyer/notary witness) so that it’s legally valid. 

Once signed and witnessed, distribute copies to your doctor, hospital (if you have upcoming treatment), family, and anyone named to speak on your behalf. There’s no need to register it officially, but you may file a Wills Notice or use the Nidus registry for extra assurance. The key steps are: think, discuss, document, sign with witnesses, and share.

Are there any free resources available for drafting a living will in British Columbia?

Answer: Yes. The BC government provides free resources to help you draft your living will. The primary resource is the My Voice: Expressing My Wishes for Future Health Care Treatment guide – available as a free PDF download from the gov.bc.ca website (and in multiple languages). 

This guide contains worksheets and even forms you can fill out to create an advance directive and other planning documents. Health authorities also have brochures and planning workbooks (for example, Fraser Health and Interior Health offer PDF workbooks for advance care planning). 

Additionally, organizations like Nidus and Merchant Law Group LLP have free template wording and FAQs to guide you. You can also obtain advance directive forms from some hospitals, doctors’ offices, or seniors’ organizations at no cost. In short, you don’t need to pay for a kit.  Plenty of reputable free materials are available in BC to help you write a living will correctly. For further help, please contact us.

What are the legal requirements for a living will to be recognized in British Columbia?

Answer: In BC, a living will (advance directive) is legally recognized if it meets these requirements: 

(1) It’s made by a capable adult (19 years or older) at a time when you understand what you’re doing. 

(2) It is in writing (handwritten or typed is fine, but it must be a tangible document). 

(3) It is signed and dated by you, and that signing is witnessed by two adults who also sign, or witnessed by a single lawyer or notary public. The witnesses must meet eligibility rules (e.g. 19+, not your paid healthcare provider, etc.). 

There isn’t a specific form or wording required by law beyond that, but the document should clearly outline your healthcare instructions. 

It’s also recommended (though not mandatory) that the directive includes a statement acknowledging that it will be used if you’re incapable and that you understand a substitute decision-maker won’t be asked for those decisions you’ve covered. 

Essentially, if you follow the proper signing/witnessing process and you have clear instructions, your living will is valid under BC law. Always date your document. If multiple directives exist, the most recent date will be taken as your current wish.

Can a living will in British Columbia be created without the assistance of a lawyer?

Answer: Yes. You are not required to use a lawyer to create a valid living will in BC. Many people write their own advance directives using the free guides and forms available. As long as you follow the legal signing and witnessing requirements, a DIY living will is valid. 

However, while you can do it yourself, there are situations where you might want a lawyer’s help. For instance, if you have very specific wishes or complex scenarios, a lawyer can ensure your instructions are worded clearly and won’t be misinterpreted. 

Lawyers also make sure you haven’t missed any formal requirement (like proper witnessing). If you choose to use a lawyer or notary, they can serve as a witness (which simplifies witnessing, since only their signature is needed). 

Think of a lawyer as an optional safeguard – not mandatory, but potentially helpful if you feel unsure. Many find that the provided BC guide is straightforward enough to use on their own. 

If in doubt, you can always have a lawyer review a directive you wrote, which might cost less than having them draft it from scratch.

How much does it cost to prepare a living will in British Columbia?

Answer: It can actually cost nothing if you prepare it yourself. The forms and guides for a living will (advance directive) are available for free. So, if you don’t seek professional help, your only “cost” is your time and perhaps a few printed pages. 

If you decide to get legal assistance, the cost will vary depending on the professional and the complexity of your situation. Some lawyers might prepare an advance directive as part of an estate planning package or for a flat fee. 

You might expect anywhere from a couple of hundred dollars to a bit more, depending on the lawyer’s rates and whether you’re also doing a Representation Agreement or other documents at the same time. 

Notaries in BC can also draft advance directives, often at rates similar to wills. It’s a good idea to call around for quotes if you want professional help. Additionally, community organizations occasionally host free clinics or workshops where you can get advice at no charge (for example, on Advance Care Planning Day some groups have pro bono services). 

So, bottom line: DIY = free, Lawyer/Notary = varies (e.g., $200-$500 as a broad estimate, possibly more if part of a larger estate plan). There is no government fee to file or register an advance directive itself. 

Registration (like a Wills Notice with Vital Statistics) is optional and costs about $17 if you choose to do it. Nidus registry has its own small fee as well (around $25). But creating the document can be completely free.

How does a Power of Attorney differ from a living will in the context of Canadian (BC) law?

Answer: A Power of Attorney (POA) and a living will are very different tools, each serving a unique purpose. A Power of Attorney is a legal document that appoints someone to manage your financial and legal affairs. 

For example, an Enduring Power of Attorney allows your appointed person (called an “attorney,” though they don’t have to be a lawyer) to pay your bills, manage your bank accounts, or sell your house if you become mentally incapable of handling those things yourself. It has nothing to do with health care or personal decisions. 

In BC, a power of attorney cannot authorize medical or personal care decisions. Those types of decisions are handled by other documents.

A living will (advance directive), on the other hand, deals exclusively with medical and personal care wishes. It outlines what health treatments you want or don’t want. It does not typically grant decision-making authority to a person (that would be a Representation Agreement in BC), but rather speaks for you directly regarding health care.