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Living Will

Signing Details


Signing Details

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



Frequently Asked Questions
Who can be a witness?A witness must be someone other than your delegate, the spouse of your delegate, a person who signs on behalf of the Maker or the spouse of a person who signs on behalf of the Maker.A person who signs on behalf of the Maker must be a person who is not a delegate or the spouse of a delegate.


Your Living Will

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Living Will Page of
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PERSONAL DIRECTIVE
of ____________________

I, ____________________ (the "Maker"), of ______________________________________________________________, phone: __________, being of sound mind and at least 18 years of age, make this Personal Directive fully understanding the consequences of my action in doing so. I intend this Personal 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 Nova Scotia Personal Directives Act.
    2. "Capacity" means the ability to understand information that is relevant to the making of a personal care decision and the ability to appreciate the reasonably foreseeable consequences of a decision or lack of a decision.
  3. Revoke Previous Personal Directive
  4. I revoke any previous Personal Directive made by me.
  5. Designation of Delegate
  6. I designate the following person to act as my delegate (my "Delegate"):

    ________________________________
    ______________________________________________________________
    Phone: __________
    __________

  7. Duties and Authority of Delegate
  8. Where I do not have Capacity to make decisions for myself, I give my Delegate full authority to make personal care decisions, major health care decisions, and minor health care decisions on my behalf.
  9. Notwithstanding the previous clause, I give no one (including my Delegate) 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.
  10. In Force
  11. The authority granted to my Delegate under this Personal Directive will be in effect only if and as long as I have been found to lack Capacity.
  12. Treatment Directions and End-Of-Life Decisions
  13. 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.
  14. Revocation
  15. The authority granted in this Personal Directive may be revoked as and where permitted by law.
  16. I understand that, as long as I have Capacity, I may revoke this Personal Directive at any time.
  17. Delegation of Authority
  18. A Delegate cannot delegate his or her authority as delegate.
  19. Statement of Values and Beliefs
  20. ________________________________________________________________________________________________________________________.
  21. Liability of Delegate
  22. A Delegate will not be liable for any mistake or error in judgment or for any act or omission believed to be made in good faith and believed to be within the scope of authority conferred or implied by this Personal Directive and by the Act.
  23. Without limiting the liability of the Delegate, the Delegate will be liable for any and all acts and omissions involving intentional wrongdoing.
  24. General
  25. A copy of this Personal Directive has the same effect as the original.
  26. If any part or parts of this Personal 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 Personal Directive. But if the intent of this Personal Directive would be substantially changed by such construction, then it shall not be so construed.
  27. This Personal Directive is intended to be governed by the laws of the Province of Nova Scotia.


Signature

Signed by me under hand and seal in the presence of my witness in the Province of Nova Scotia, this ________ day of ________________, ________.

______________________________________
(Signature of the Maker)

______________________________________
(Signature of the witness in the presence of Maker)


______________________________________
(Printed name of the witness)


______________________________________


______________________________________


______________________________________


______________________________________
(Address of witness)


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

1.

________________________________________

Date: ____________________

2.

________________________________________

Date: ____________________

3.

________________________________________

Date: ____________________

4.

________________________________________

Date: ____________________

5.

________________________________________

Date: ____________________


General comments regarding your Personal 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 witness should initial all the pages.


Signing requirements for your Nova Scotia Personal Directive

- The Personal Directive must be dated and signed by the Maker in the presence of a witness who must also sign.
               - Where the Maker is physically unable to sign, the Personal Directive must be signed by a person (substitute signer) on behalf of the maker and at the maker's direction and in the maker's presence, and in the presence of a witness who must also sign.
               - A substitute signer cannot be a delegate or the spouse of a delegate.
               - A witness cannot be a delegate, a spouse of a delegate, a person who signs on behalf of the maker or the spouse of a person who signs on behalf of the maker.


Limitations to the authority of your Delegate

- A delegate has no authority to make decisions relating to health care that are prohibited by regulations unless the Personal Directive contains specific instructions that allow those decisions.

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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