What is a Health Care Directive?

Any person who is at least 16 years of age and has the capacity to make their own health care decisions may make a health care directive (also sometimes referred to as a living will or an advanced care plan). A health care directive comes into effect when the maker of the directive does not have the capacity to make their own health care decisions.

The person you appoint in your health care directive to make health care decisions on your behalf is called a proxy. Your proxy must be at least 18 years of age and have the capacity to make health care decisions.

Suppose you lack the capacity to make your own health care decisions and you have not appointed a proxy. In that case, the nearest relative, as defined by The Health Care Directives and Substitute Health Care Decision Makers Act, 2015, has the authority to make health care decisions on your behalf. Your nearest relative may not be the person you want to make health care decisions for you.

While it is ultimately your choice who you would like to appoint as your proxy and what you want to include in your directive, it can be helpful to discuss your advance care plan and health care goals with those who are closest to you. It is also a good idea to consult your primary health care provider if you have specific health care needs that should be reflected in your advanced health care planning. It is important to let your proxy know your wishes, values, and beliefs as they relate to your health and end-of-life care.

How to Prepare for a Medical Emergency

Having a valid health care directive in place is a good first step in an advanced care plan, but there are further steps you can take to assist emergency responders with locating your health care directive and relevant medical information.

The Saskatchewan Health Authority (SHA), through its Advance Care Planning Program, has developed a “yellow sleeve” initiative to assist emergency responders with locating your relevant medical information and documents as quickly as possible. The yellow sleeve is a plastic envelope in which you can store your health care directive, medical and personal information all in one location. Since most people have a refrigerator in their home, the SHA recommends storing your documents and information, with or without the yellow sleeve, on or near the top of your refrigerator because first responders are trained to look there first. Locating your medical information and documents can save valuable time in an emergency.

Final Thoughts

If you stay ready, you don’t have to get ready. Being prepared for a medical emergency is a generous act you can do for your loved ones, and it will help emergency responders react as quickly as possible according to your wishes. More information can be found about the yellow sleeve initiative on the Advance Care Planning section of the SHA’s website. For questions about or assistance with preparing a health care directive, please contact a member of the McKercher LLP Wills, Trusts, Estate Planning and Estate Administration practice group.

About the Authors:

Jordan D. Bolt is an associate in the McKercher LLP Saskatoon office with a practice that focuses on Corporate/Commercial Law, Real Estate, Estate Planning and Estate Administration.

About McKercher LLP:

For nearly 100 years, McKercher LLP has grown deep roots across Saskatchewan, serving the community from offices in Saskatoon and Regina. Now, as one of the province’s largest and most established full-service law firms, we proudly carry on this legacy – following a client-first philosophy as we provide legal services and real solutions for the people who rely on us.

This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances. Counsel should be consulted concerning your own situation and any specific legal questions you may have.