A health care directive (sometimes also referred to as a “living will”) is a document expressing an individual’s wishes about his or her future health care.
As competent adults, we have the right to make decisions in advance as to whether or not we would like to decline life support when it is clear that death is imminent or a state of coma becomes permanent. Today, life support systems can keep an individual’s body alive for years, even if the brain is no longer functioning or the person is in constant pain. A living will is a document that lets you decide whether or not to be kept on artificial life support. Often, these documents also appoint someone (a ‘health care proxy’) to make important health care decisions on your behalf in case you are unable to do so.
Manitoba law recognizes that competent individuals have the right to decide whether to accept or refuse certain medical treatment. Every person who has the capacity to make healthcare decisions may make a Healthcare Directive. A living will becomes effective when the person ceases to have the capacity or is unable to express his or her wishes respecting a proposed treatment.
For persons suffering an incurable illness, it can be of comfort to know that they will be allowed to pass on with dignity rather than to have their suffering prolonged. Living wills enable people to make their own decisions, and ensure that others are aware of these decisions.
It is important to note that a living will is not a will for testamentary purposes and that a true last will and testament is still an essential part of the estate plan.