Planning ahead - Powers of Attorney and "Living Wills" - Living wills or Advance Care Directives

Frequently asked questions

What is a "living will" or "advance care directive"? Click for answer

A "living will" or an advance care directive is a document used to communicate what you would want to happen if you can no longer communicate your treatment and personal care wishes. Within a "living will" or an advance care directive, people will often write out their wishes, which may include do not resuscitate orders or if there is no hope for recovery, not keep them on artificial life support.

Even when you have close care partners you trust with care decisions, it is always best to have a living will to remind them of your wishes or make sure your wishes are provided in your Power of Attorney document.

Source: The information above was compiled with permission from The Office of the Public Guardian and Trustee (2010). Powers of Attorney and "Living Wills": Questions and Answers. Ontario, Canada: (c) Queen's Printer for Ontario.

Is a "living will" the same as a "Last Will and Testament"? Click for answer

No. A "living will" is only applicable when you are living. A "Last Will and Testament" outlines how your property will be distributed once you die.

Source: The information above was compiled with permission from The Office of the Public Guardian and Trustee (2010). Powers of Attorney and "Living Wills": Questions and Answers. Ontario, Canada: (c) Queen's Printer for Ontario. 

Do I have to register my Powers of Attorney or "living will" with the government? Click for answer

No. Neither of these documents needs to be registered. But it is important to make sure your Power of Attorney and any other person in your life who needs to know is aware of where to get a copy if needed. That said, it is important to provide a copy of your "living will" to all of your partners in care. 

Source: The information above was compiled with permission from The Office of the Public Guardian and Trustee (2010). Powers of Attorney and "Living Wills": Questions and Answers. Ontario, Canada: (c) Queen's Printer for Ontario.

Is a Power of Attorney or "living will" effective outside of Ontario? Click for answer

This depends on where you live. If you have moved or are planning on being out of province for an extended period of time, it is recommended that you consult with a lawyer to find out whether you need to make new documents.

Source: The information above was compiled with permission from The Office of the Public Guardian and Trustee (2010). Powers of Attorney and "Living Wills": Questions and Answers. Ontario, Canada: (c) Queen's Printer for Ontario. 

If I do not make a Power of Attorney or a "living will", will the government automatically step in if I can't manage my own affairs? Click for answer

No. Either a family member of friend can apply to act on your behalf. The government only acts when no other suitable persons are available.

Source: The information above was compiled with permission from The Office of the Public Guardian and Trustee (2010). Powers of Attorney and "Living Wills": Questions and Answers. Ontario, Canada: (c) Queen's Printer for Ontario. 

Does the government provide a "will kit" or similar forms that I can use to make my Last Will and Testament? Click for answer

No. It is best to hire a lawyer when creating your Last Will and Testament.

Source: The information above was compiled with permission from The Office of the Public Guardian and Trustee (2010). Powers of Attorney and "Living Wills": Questions and Answers. Ontario, Canada: (c) Queen's Printer for Ontario.