My elderly friend is in poor health and her children are quite overbearing. She is worried about what they may decide is best for her if she becomes unable to make decisions for herself. How can she make sure her own wishes will be followed?

All provinces have laws that allow people to create a legal document setting out their wishes relating to personal care at a time when they are no longer able to make those decisions for themselves. The legal documents are called by different names in different areas. For example, in Alberta, it is called a Personal Directive; in British Columbia, a Representation Agreement; in New Brunswick, a Power of Attorney for Personal Care; and in Quebec, a Mandate in Anticipation of Incapacity. In common language, these documents are sometimes called Living Wills.

Generally, the document will

• name someone to make decisions on your behalf,
• name people who can determine that your own mental capacity is such that you can no longer make those decisions for yourself,
• name those who are and who are not to be told about the document becoming effective, and
• give instructions with regard to confidential information about you.

Each provincial law may have different requirements for creating a valid document, so it is necessary to find out what the law in your area requires. Generally, the maker of such a document must be over a certain age, and the document should be signed and dated in the presence of a witness. There may be restrictions regarding who can witness the document, for example, the person designated in the document as the agent may be restricted from being a witness.

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January 2006

see also:

• More Abuse of Older Adults FAQs

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