Healthcare Directive (Living Will) in Canada 2025

A healthcare directive — also called a living will, advance directive, or personal care directive — is a legal document that specifies your wishes for medical treatment if you become unable to communicate or make decisions for yourself. It is one of the three core documents of a complete Canadian estate plan, alongside a will and a power of attorney for property.

What Is a Healthcare Directive?

A healthcare directive serves two related purposes:

Instructions: Documents your wishes about specific medical treatments — what you do and don't want if you have a terminal illness, are in a persistent vegetative state, or cannot recover meaningful quality of life.
Proxy/agent appointment: Names a substitute decision-maker (healthcare proxy, agent, or representative) who can make healthcare decisions on your behalf when you cannot.

Without a healthcare directive, medical decisions default to provincial substitute decision-making hierarchies (typically spouse, then adult children, then parents, then siblings). These family members must guess your wishes — and may disagree, creating family conflict at a devastating time.

Names by Province

Province	Document Name	Proxy/Agent Name
Ontario	Power of Attorney for Personal Care	Attorney for personal care
British Columbia	Representation Agreement (Section 9)	Representative
Alberta	Personal Directive	Agent
Quebec	Mandate in Anticipation of Incapacity / Advance Medical Directives	Mandatary
Saskatchewan	Health Care Directive	Proxy
Manitoba	Health Care Directive	Proxy
Nova Scotia	Personal Directive	Delegate
New Brunswick	Advance Health Care Directive	Health care proxy
PEI	Consent and Capacity Act	Substitute decision-maker
Newfoundland	Advance Health Care Directive	Substitute decision-maker

What to Include in a Healthcare Directive

Substitute Decision-Maker

Name the person who will make healthcare decisions when you cannot. Choose someone who:

Knows and respects your values and wishes
Can handle emotionally difficult situations and advocate firmly with medical professionals
Will follow your documented wishes — even if they personally disagree
Is available and willing to take on the role

Name an alternate in case your first choice is unavailable.

Treatment Preferences

Consider documenting your wishes about:

Cardiopulmonary resuscitation (CPR): Do you want CPR attempted?
Mechanical ventilation: Would you want to be kept on a ventilator if you cannot breathe independently?
Artificial nutrition and hydration: Would you want a feeding tube if you cannot eat?
Dialysis: If your kidneys fail, do you want dialysis?
Antibiotics and other treatments: For end-of-life infections
Palliative care: Comfort-focused care vs. life-prolonging treatment
Medical assistance in dying (MAID): Your wishes regarding MAID, where eligible

Values Statement

Beyond specific treatments, many people include a values statement explaining what makes life meaningful to them — their goals, fears, and priorities. This helps decision-makers apply your wishes to situations not specifically addressed in the document.

Medical Assistance in Dying (MAID) in Canada

Canada has one of the most comprehensive MAID frameworks in the world. As of 2021, MAID is available to eligible adults whose natural death is reasonably foreseeable (Track 1) or who have a serious and incurable illness, disease, or disability (Track 2). Your healthcare directive can express your wishes about MAID, though eligibility and consent rules still apply at the time of the request — you cannot pre-authorize MAID in an advance directive alone.

DNR Orders

A Do Not Resuscitate (DNR) order is a medical order (not the same as a healthcare directive) signed by a physician that instructs healthcare providers not to attempt CPR. Your healthcare directive can express your CPR wishes, but a DNR must be formally ordered by a doctor. Discuss your wishes with your physician so they can issue a DNR if appropriate.

Keep it accessible: A healthcare directive is only useful if it can be found quickly in an emergency. Give copies to your doctor, healthcare proxy, and key family members. Some provinces have registries. Many people keep a copy in their health records and with their estate documents.

How to Create a Healthcare Directive

Online platforms: Willful and Epilogue include healthcare directive documents as part of their estate planning packages (~$99–$199 total)
Estate lawyer: Can draft a custom healthcare directive; typically included with will and POA package
Provincial forms: Many provinces provide free downloadable forms on government websites
Hospital social workers: Can often assist with creating basic directives

Reviewing and Updating Your Healthcare Directive

Review your healthcare directive:

Every 3–5 years
After a significant change in health
After any change in your substitute decision-maker's availability
After marriage or divorce
After a major life event that changes your values or priorities

Simplify Your Financial Life — Start with Free Banking

Part of good estate planning is keeping your financial accounts simple. KOHO's no-fee account is easy to manage and easy to include in your estate plan. Use code 45ET55JSYA for a bonus.

Get KOHO Free — Use Code 45ET55JSYA

Frequently Asked Questions

Is a healthcare directive the same as a living will?

In Canada, "living will" and "healthcare directive" are often used interchangeably. The formal legal name varies by province (see table above). They all serve the same purpose: documenting your medical wishes and naming a substitute decision-maker.

Does my healthcare directive expire?

No — a healthcare directive does not automatically expire, but it should be reviewed and updated regularly to ensure it reflects your current wishes. An outdated directive may not accurately represent your current values.

Can my family override my healthcare directive?

A valid healthcare directive is legally binding. Healthcare providers are required to follow it. If family members disagree with a directive, they can seek a court review, but the directive carries significant legal weight.