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Living Will

Signing Details


Signing Details

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Where you are physically incapable of signing this Health Care Directive, another person may sign for you.



Frequently Asked Questions
Who can be a witness?A witness to the signing of a Health Care Directive cannot be a proxy appointed in the directive or a proxy's spouse.A person who signs on behalf of the Maker cannot be a proxy appointed in the directive or a proxy's spouse,


Your Living Will

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Living Will Page of
Page of

HEALTH CARE DIRECTIVE
of ____________________

I, ____________________ (the "Maker"), of ______________________________________________________________, phone: __________, being of sound mind and at least 16 years of age, make this Health Care Directive fully understanding the consequences of my action in doing so. I intend this Health Care Directive to be read by my health care providers, family and friends as a true reflection of my wishes and instructions should I lack Capacity and be unable to communicate such wishes and instructions.

  1. Definitions
  2. As used in this document:
    1. "Act" means the Manitoba Health Care Directives Act.
    2. "Capacity" means that the person is able to understand the information that is relevant to making a health care decision and is able to appreciate the reasonably foreseeable consequences of a decision or lack of decision.
  3. Revoke Previous Health Care Directive
  4. I revoke any previous Health Care Directive made by me.
  5. Designation of Proxy
  6. I do not wish to designate a Proxy, but provide the following information and instructions to be followed by a service provider who intends to provide personal services for me.
  7. Notwithstanding the previous clause, I give no one (including my Proxy) any authority to disregard or override my instructions provided in this Personal Directive. Family members, relatives, friends may disagree with me, but any such disagreement does not diminish the strength or substance of my instructions.
  8. Treatment Directions and End-Of-Life Decisions
  9. I direct that my health care providers and others involved in my care provide, withhold or withdraw treatment in accordance with my directions below:
    1. If I have an incurable and irreversible terminal condition that will result in my death within a relatively short time, I direct that:
      1. I be kept on any artificial life support as long as possible within the limits of generally accepted health care standards;
      2. I receive tube feeding if necessary, even if such feeding would have the effect of prolonging my life;
      3. Cardiopulmonary resuscitation be performed if, in the opinion of my doctor, it is necessary; and
      4. Should I develop another separate condition that threatens my life, such other illness be given active treatment if, in the opinion of my doctor, such treatment is indicated.
    2. If I am diagnosed as persistently unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness, I direct that:
      1. I be kept on any artificial life support as long as possible within the limits of generally accepted health care standards;
      2. I receive tube feeding if necessary, even if such feeding would have the effect of prolonging my life;
      3. Cardiopulmonary resuscitation be performed if, in the opinion of my doctor, it is necessary; and
      4. Should I develop another separate condition that threatens my life, such other illness be given active treatment if, in the opinion of my doctor, such treatment is indicated.
    3. If I am diagnosed as being severely and permanently mentally impaired, I direct that:
      1. I be kept on any artificial life support as long as possible within the limits of generally accepted health care standards;
      2. I receive tube feeding if necessary, even if such feeding would have the effect of prolonging my life;
      3. Cardiopulmonary resuscitation be performed if, in the opinion of my doctor, it is necessary; and
      4. Should I develop another separate condition that threatens my life, such other illness be given active treatment if, in the opinion of my doctor, such treatment is indicated.
  10. Revocation
  11. The authority granted in this Health Care Directive may be revoked as and where permitted by law.
  12. I understand that, as long as I have Capacity, I may revoke this Health Care Directive at any time.
  13. Statement of Values and Beliefs
  14. ________________________________________________________________________________________________________________________.
  15. General
  16. A copy of this Health Care Directive has the same effect as the original.
  17. If any part or parts of this Health Care Directive is found to be invalid or illegal under applicable law by a court of competent jurisdiction, the invalidity or illegality of that part or parts will not in any way affect the remaining parts and this document will be construed as though the invalid or illegal part or parts had never been included in this Health Care Directive. But if the intent of this Health Care Directive would be substantially changed by such construction, then it shall not be so construed.
  18. This Health Care Directive is intended to be governed by the laws of the Province of Manitoba.


Signature

Signed by me in the Province of Manitoba, this ________ day of ________________, ________.

______________________________________
(Signature of the Maker)


Record of Copies
Record of people and institutions to whom I have given a copy of this Health Care Directive:

1.

________________________________________

Date: ____________________

2.

________________________________________

Date: ____________________

3.

________________________________________

Date: ____________________

4.

________________________________________

Date: ____________________

5.

________________________________________

Date: ____________________


General comments regarding your Health Care Directive

  1. Read the entire document before you sign in the space provided. Make sure it says what you want it to say.
  2. Do not leave any blank lines above your signature to be filled in after signing. Make sure there are no blank lines before you sign.
  3. Each page should be numbered. (e.g. 1 of 3, 2 of 3, etc.)
  4. You and your witnesses should initial all the pages.


Signing requirements for your Manitoba Health Care Directive

- A Health Care Directive must be signed by the Maker.
               - Where the Maker is physically unable to sign, another person may sign at the direction and in the presence of the Maker. Where there is a substitute signer, the Maker must acknowledge the signature in the presence of a witness. The witness must not be a proxy appointed in the directive or a proxy's spouse, and the witness must sign the directive as witness in the presence of the Maker.


Limitations to the authority of your Proxy

Unless specified otherwise in the Health Care Directive, a proxy cannot consent to:
               - medical treatment for the primary purpose of research;
               - sterilization that is not medically necessary for the protection of the maker's health; or
               - the removal of tissue from the maker's body, while living, for transplantation to another person, or for the purpose of medical education or medical research.

Last Updated January 31, 2024

Living Will Information

A Living Will, also known as a Personal Directive or Advance Directive, is a document that you use to define your personal health care wishes in the event of an emergency.

It allows you to name your preferences in relation to resuscitation and comfort care, as well as designate a personal agent to enforce your choices. LawDepot's Living Will may be used in all provinces and territories excluding Quebec and Nunavut.

Do I need to name a personal agent in my Living Will?

A personal agent is the person who will enforce your health care preferences should you become incapable of doing so yourself. In some provinces, if you do not select an agent, your Living Will can be given to your health care provider to follow.

When you name an agent, you have the option to either give them full authority or limited authority over your health care decisions. Full authority means that your agent may enforce all of your decisions and also make undocumented decisions on your behalf, inform people of your incapacitation, and more.

What is a "statement of values and beliefs"?

A statement of values and beliefs is a non-binding personal statement given in a Living Will. It specifies your personal beliefs and morals that may be relevant to your health care, but it is not binding to doctors or health care providers.

The purpose of a statement of beliefs and values is to provide any extra information that may affect your treatment if you are hospitalized, such as your definition of quality of life or beliefs regarding specific treatments.

What is incapacitation in a Living Will?

When a person becomes incapacitated, it means that they are either mentally or physically unable to act for themselves in terms of managing their affairs. Incapacitation can be caused by illness, age, or an accident, and may be temporary or permanent depending on the situation.

In your Living Will, you may select individuals of your choice to determine whether or not you are incapacitated.

You may also choose who you wish to inform in the event of your incapacitation, for example, a spouse or your children.

What decisions can I make in a Living Will?

A Living Will allows you to make decisions for three different instances: terminal illness, persistent unconsciousness, and severe and permanent mental impairment. You will need to determine your preferences for:

  • Life support
  • Tube feeding
  • CPR
  • Intervening illness

You may also list whether or not you would like to be on organ donor, if you have any feelings about specific treatments, and how symptoms, such as pain, should be controlled.

A Living Will also allows you to designate a temporary guardian for your children in the event of an emergency.

Related Documents:

  • Last Will and Testament: "a document used to allocate personal assets to beneficiaries upon death
  • Power of Attorney: "a document used to name a personal representative to oversee real estate, business, financial, and other matters in the event of incapacitation
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