If you don’t have a health care directive, it should probably be at the top of your “to do” list.  These directives inform your family, friends, and health care providers of your treatment wishes should you lose the capacity to make health care decisions.  A written directive provides instructions dealing with your health care decisions, the appointment of a proxy to make those decisions, or both. In order to be valid in Saskatchewan, a directive must comply with the Health Care Directives and Substitute Health Care Decision Makers Act.  The essential components of a valid directive are that it must be written, dated, and signed by the individual making the directive, or at the direction of that individual.  If made under direction, it must be written, dated, and signed by another person who is not named as a proxy, nor the spouse of the named proxy in the presence of the individual to whom the directive relates.  Anyone 16 or older who has the capacity to make health care decisions can make a directive. Confusing? Perhaps a little.  A directive will only take effect if the individual loses capacity to make a health care decision for a proposed treatment.  If it is sufficiently clear and specific, the directive has the same effect as if the individual had capacity.  If the directive is general, it will be used to provide guidance as to that person’s wishes.  The same will apply where a proxy is named. Although this can be a sensitive subject, being proactive in preparing a health care directive can prevent significant indecision and turmoil in the future. About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Expertise, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions. 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.