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Managing Your Money
Be sure your medical wishes are respected – no matter what happens
May 2006
You can take care of yourself right now, but what if something happens and you're not able to? Say you become incapacitated by illness, injury or old age – who will make sure your personal wishes for treatment and care are carried out?
It might surprise you to learn that if you become unable to care for yourself because of an accident, long-term disability or even a terminal illness, neither your spouse nor your children automatically have the right to make decisions regarding your medical care.
That's why you should carefully consider drawing up a Living Will. It helps ensure you have a say in your medical care, and provides welcome guidance to your family at a stressful time.
Although provincial laws differ, most provinces recognize the instructions in a Living Will and the person you've appointed to carry them out. A Living Will may go by different names, including Power of Attorney for Personal Care, Health Care Directive, Advanced Health Care Directive, and Personal Directive. In Quebec it is known as a Mandate In Case of Incapacity and while neither Quebec nor Nova Scotia allow a person to leave binding instructions for their care, residents of these provinces are allowed to appoint a person to make health care decisions on their behalf.
Choose a representative
The first step in drawing up your Living Will is to name the person – commonly referred to as your proxy – who will make decisions on your behalf and ensure the directives of the will are followed. Make sure the person you name is aware of your wishes and is willing to take on the responsibility. It's best to appoint someone close to you and to name an alternate as well, in case your original choice is unable or unwilling to act on your behalf.
Make your wishes known
The second step is to provide specific written directions about your desires for medical treatment. You should be as precise as possible (but it may be wise to also provide the person you appoint with general authority to speak for you under any possible circumstances). Here are some common examples of items contained in a Living Will:
- Specify that you do or do not want to be kept alive by life support systems if you are terminally ill and near death.
- Specify the type of treatment you do and don't want in medical circumstances such as a terminal illness, severe stroke, coma, or diseases leading to dementia.
- Outline the steps or procedures to limit your suffering if you are near death.
It's best to consult your doctor and lawyer about your Living Will. Once the document is signed, be sure that your family, your doctor, your lawyer, the person you appoint as your proxy, and any alternates all have copies.
You should include your financial advisor as well. He or she will ensure your Living Will helps avoid disputes which could arise over your medical or estate distribution wishes.
This column, written and published by Investors Group Financial Services Inc., is presented as a general source of information only and is not intended as a solicitation to buy or sell investments, nor is it intended to provide professional advice including, without limitation, investment, financial, legal, accounting or tax advice. For more information on this topic or on any other investment or financial matters, please contact your Investors Group Consultant.
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