A Personal Directive (commonly referred to as a living will) has for some time been recognized under Manitoba law. Accordingly, you may now prepare a Personal Directive appointing an agent to act on your behalf should you become mentally incompetent to make decisions about the following subjects:
(A) your medical care
(B) organ donation
(C) where you will live
(D) your social activities
(E) educational pursuits
(G) legal and personal matters
A Personal Directive is your opportunity to deal in advance with the possibility of becoming mentally incompetent to deal with your own decisions relating to the subjects as outlined above. The Personal Directive appoints an Agent, usually a family member, to act on your behalf and carry out the instructions that you set out in the document. Your instructions may be general in nature or be specific as to what medical treatment you might wish to withhold if your condition is terminal.
Manitoba law similarly provides for what is known as an “Enduring Power of Attorney”, a document in which you can appoint a person to manage your finances if you lose mental capacity. It should be borne in mind however that an Enduring Power of Attorney deals exclusively with financial matters and does not address matters related to your person, as outlined above. That is why it is important for everyone age 60 or above to have a Personal Directive (formerly a Living Will) prepared.
If you wish to have a Personal Directive drafted for you, please provide us with the following information: Agent Relationship To You * Alternate Agents Relationship To You Relationship To You Jointly and severally Would you want your life to be prolonged by artificial means when you are in a coma, or a persistent vegetative state and, in the opinion of your physician and other consultants, have no known hope of regaining awareness and higher mental functions, no matter what is done? * select Yes No Limitations Do you wish to be kept comfortable and free from pain, meaning that you may be given pain medication even though it may dull consciousness and indirectly shorten your life? * select Yes No Would you like to donate your Organs and Tissue? * select Yes No Any other specifications for Personal Directive?
Should you have any questions or require further information with respect to Personal Directives please do not hesitate to contact our office.
MERCHANT LAW GROUP, LLP