Living Will / Advance Healthcare Directive (Canada)
ADVANCE HEALTHCARE DIRECTIVE (LIVING WILL)
I, [Principal Name], born [Principal Date of Birth], of [Principal Address], [Principal City], [Principal Province] [Principal Postal Code] (the "Principal" or "Maker"), being an adult of sound mind and capable of understanding the nature and consequences of healthcare decisions, do hereby make this Advance Healthcare Directive (hereinafter the "Directive") on [Directive Date].
Provincial Health Card Number: [Health Card Number]
ARTICLE 1 — PURPOSE AND AUTHORITY
1.1 The purpose of this Directive is to communicate my wishes regarding healthcare treatment and personal care in the event that I become incapable of making or communicating my own healthcare decisions, whether due to illness, injury, cognitive decline, or any other cause.
1.2 This Directive is made pursuant to the applicable legislation of the Province of [Province], including: the Substitute Decisions Act, 1992 (Ontario); the Representation Agreement Act, R.S.B.C. 1996, c. 405 (British Columbia); the Personal Directives Act, R.S.A. 2000, c. P-6 (Alberta); the Health Care Directives Act, C.C.S.M. c. H27 (Manitoba); the Personal Directives Act, S.N.S. 2008, c. 8 (Nova Scotia); or the equivalent legislation of the governing province.
1.3 This Directive shall take effect only when I am assessed as lacking the mental capacity to make my own healthcare decisions, as determined by one or more qualified healthcare practitioners in accordance with the applicable provincial legislation.
1.4 I hereby revoke all prior advance directives, living wills, personal directives, and healthcare powers of attorney that I may have previously executed.
ARTICLE 2 — APPOINTMENT OF HEALTHCARE PROXY
2.1 I have chosen not to appoint a specific Healthcare Proxy at this time. I direct that the wishes expressed in this Directive shall be followed by my healthcare providers and by any substitute decision-maker appointed in accordance with the hierarchy established under the applicable provincial legislation (e.g., Health Care Consent Act, 1996, S.O. 1996, c. 2, Sch. A, s. 20, for Ontario).
ARTICLE 3 — HEALTHCARE TREATMENT INSTRUCTIONS
3.1 The following instructions apply if I am in a terminal condition (a condition from which there is no reasonable prospect of recovery and which, without treatment, can be expected to cause my death), a persistent vegetative state (a condition of permanent unconsciousness with no cognitive function), or an end-stage condition (an irreversible condition that will result in death within a relatively short time). I understand that my healthcare providers are required to provide me with appropriate comfort care and palliative treatment regardless of my decisions regarding life-sustaining treatment.
3.2 Life-Sustaining Treatment. [Life Support Wish]. Life-sustaining treatment includes, but is not limited to: mechanical ventilation, cardiac resuscitation, dialysis, surgery, blood transfusions, antibiotics, and medications administered to maintain blood pressure or cardiac rhythm.
3.3 Cardiopulmonary Resuscitation (CPR). [Cpr Wish]. I understand that a Do Not Resuscitate (DNR) directive means that if my heart stops or I stop breathing, emergency medical personnel and healthcare providers will not attempt cardiopulmonary resuscitation.
3.4 Artificial Nutrition and Hydration. [Nutrition Wish]. Artificial nutrition includes feeding through a nasogastric tube, percutaneous endoscopic gastrostomy (PEG) tube, or total parenteral nutrition (TPN). Artificial hydration includes intravenous fluids and subcutaneous fluids (hypodermoclysis).
3.5 Pain Management and Comfort Care. [Pain Management Wish]. I direct that I receive appropriate comfort care, palliative care, and pain management at all times, including the administration of analgesic medications in sufficient dosages to alleviate pain, suffering, and discomfort, even if such medications may have the secondary effect of shortening my life. I understand that palliative sedation, when administered with the primary intent of relieving intractable suffering, is lawful and ethically accepted medical practice in Canada.
ARTICLE 4 — ORGAN AND TISSUE DONATION
4.1 Organ and Tissue Donation. [Organ Donation Wish]. I understand that organ and tissue donation in Canada is governed by the applicable provincial human tissue gift legislation, including the Trillium Gift of Life Network Act, 2000 (Ontario), the Human Tissue Gift Act (BC, R.S.B.C. 1996, c. 211), and the Human Tissue and Organ Donation Act (Alberta, S.A. 2006, c. H-14.5), or the equivalent statute of the Province of [Province].
4.3 If my organs are not suitable for transplantation, I consent to their use for medical research and education, subject to the applicable provincial legislation and the consent of my Healthcare Proxy or substitute decision-maker.
ARTICLE 5 — MEDICAL ASSISTANCE IN DYING (MAID)
5.1 I acknowledge that Medical Assistance in Dying (MAID) is legal in Canada under Part XX.1 of the Criminal Code (R.S.C. 1985, c. C-46, ss. 241.1–241.4), as amended by Bill C-14 (2016) and Bill C-7 (2021). I understand that this Directive does NOT constitute a request for MAID. A valid MAID request must be made separately, directly to an eligible medical practitioner or nurse practitioner, and requires: (a) the person to be at least 18 years old, (b) a grievous and irremediable medical condition, (c) informed consent at the time of administration, and (d) two independent assessments by medical practitioners.
5.2 [Maid Acknowledgment].
ARTICLE 7 — GENERAL PROVISIONS
7.1 Capacity. I declare that at the time of executing this Directive, I am of sound mind, I understand the nature and consequences of this Directive, I understand the types of healthcare decisions that may need to be made, and I am making this Directive voluntarily and without duress, coercion, or undue influence.
7.2 Revocation. I may revoke or amend this Directive at any time while I have the mental capacity to do so, by executing a new Advance Healthcare Directive, by providing a written revocation signed and witnessed in the same manner as this Directive, or by verbal revocation communicated to my healthcare provider and documented in my medical records.
7.3 Primary Physician. My primary physician is [Physician Name], telephone [Physician Phone]. I request that my primary physician be consulted regarding my healthcare whenever practicable.
7.4 Copies and Distribution. I direct that copies of this Directive be provided to: my Healthcare Proxy, my alternate Healthcare Proxy, my primary physician, and any healthcare facility where I am receiving treatment. A photocopy or electronic copy of this Directive shall have the same force and effect as the original.
7.5 Indemnification. I release and hold harmless my Healthcare Proxy, my healthcare providers, and any healthcare facility from any liability arising from their good-faith compliance with the wishes expressed in this Directive, to the fullest extent permitted by law.
7.6 Severability. If any provision of this Directive is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
7.7 Governing Law. This Directive shall be governed by and construed in accordance with the laws of the Province of [Province] and the applicable federal laws of Canada.
IN WITNESS WHEREOF, I, [Principal Name], have executed this Advance Healthcare Directive on [Directive Date], in the presence of the witnesses named below.
WITNESS ATTESTATION
We, the undersigned witnesses, each declare that the Principal, [Principal Name], signed this Directive in our presence, and that we believe the Principal to be of the age of majority and of sound mind. We are not persons disqualified from acting as witnesses under the applicable provincial legislation. We each sign this Directive as witnesses in the presence of the Principal and, where required by provincial law, in the presence of each other.
Witness 1: [Witness 1 Name] Address: [Witness 1 Address]
Witness 2: [Witness 2 Name] Address: [Witness 2 Address]
Principal (Maker)
________________
Signature
Witness 1
________________
Signature
What Is a Living Will / Advance Healthcare Directive (Canada)?
A Living Will / Advance Healthcare Directive in Canada records a person’s wishes about future medical treatment to guide care if they lose capacity to decide, governed primarily by provincial health-care consent and substitute-decision legislation. It directs the distribution of the testator's estate to named beneficiaries upon death.
Canadian healthcare decision-making legislation is a provincial matter, and the terminology and legal framework vary significantly across provinces. In Ontario, the primary instrument is the Power of Attorney for Personal Care under the Substitute Decisions Act, 1992 (S.O. 1992, c. 30), which appoints a substitute decision-maker (called an Attorney for Personal Care) and may include instructions about the person’s wishes. The Health Care Consent Act, 1996 (S.O. 1996, c. 2, Sch. A) establishes the framework for healthcare consent and requires substitute decision-makers to follow the person’s prior capable wishes (s. 21(1)). In British Columbia, the Representation Agreement Act (R.S.B.C. 1996, c. 405) allows individuals to appoint a Representative to make healthcare decisions, with two types of agreements: a section 9 agreement (limited powers) and a section 7 agreement (broader powers including refusal of life-sustaining treatment). In Alberta, the Personal Directives Act (R.S.A. 2000, c. P-6) provides a thorough framework for advance directives, allowing individuals to appoint an Agent and to give specific healthcare instructions.
The Directive typically covers five critical areas: life-sustaining treatment (mechanical ventilation, dialysis, vasopressors), cardiopulmonary resuscitation (CPR/DNR orders), artificial nutrition and hydration (tube feeding, IV fluids), pain management and palliative care (including palliative sedation), and organ and tissue donation. The document should also address the appointment of a healthcare proxy, the proxy’s authority, and the hierarchy of decision-making if the proxy is unavailable.
The legal framework governing the Living Will / Advance Healthcare Directive (Canada) in Canada draws on several key statutes and regulatory bodies. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. 1985, c. C-34), enforced by the Competition Bureau, protects consumer rights. Section 15 of the Canada Business Corporations Act governs corporate obligations. Provincial superior courts and the Federal Court of Canada have jurisdiction for civil matters. The Canada Revenue Agency (CRA) administers tax compliance obligations. Parties executing a Living Will / Advance Healthcare Directive (Canada) in Canada should confirm the document reflects current law, including any amendments enacted since the original drafting date. The applicable provincial health-care consent and substitute-decision legislation sets the foundational requirements.
When Do You Need a Living Will / Advance Healthcare Directive (Canada)?
Every Canadian adult should have an Advance Healthcare Directive, regardless of their current health status. Unexpected illness, injury, or cognitive decline can occur at any age, and without a directive, healthcare decisions will be made by substitute decision-makers following the provincial statutory hierarchy — which may not reflect your personal wishes. In Ontario, the Health Care Consent Act (s. 20) establishes the following hierarchy: (1) the appointed Attorney for Personal Care, (2) the person’s spouse or common-law partner, (3) an adult child, (4) a parent, (5) a sibling, (6) any other relative. If no one in the hierarchy is available, the Public Guardian and Trustee may become the substitute decision-maker.
An Advance Healthcare Directive is especially critical if you have strong preferences about end-of-life care, religious or cultural beliefs that affect medical treatment (such as refusal of blood transfusions), or if you wish to confirm that your loved ones are not burdened with making difficult decisions without guidance. The directive is also important if you wish to express your views about Medical Assistance in Dying (MAID), which became legal in Canada under Bill C-14 (2016) and was expanded by Bill C-7 (2021). While an advance directive cannot currently authorize MAID in advance (the person must have capacity at the time of assessment), it can indicate your awareness of MAID and your general wishes.
You should create this directive while you are mentally capable. If you later develop dementia, suffer a traumatic brain injury, or are in a coma, you will no longer be able to create or modify the directive. The directive should be reviewed periodically and updated whenever your health status, family situation, or treatment preferences change. Courts have held that prior capable wishes, when clearly documented, carry significant weight in healthcare decision-making (Cuthbertson v. Rasouli, 2013 SCC 53).
Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. 1985, c. C-34), enforced by the Competition Bureau, protects consumer rights. Section 15 of the Canada Business Corporations Act governs corporate obligations. Provincial superior courts and the Federal Court of Canada have jurisdiction for civil matters. The Canada Revenue Agency (CRA) administers tax compliance obligations.
What to Include in Your Living Will / Advance Healthcare Directive (Canada)
A thorough Canadian Advance Healthcare Directive must include several essential elements. First, clear identification of the Principal (Maker), including full legal name, date of birth, address, and provincial health card number. Second, a declaration of capacity — confirming that the Principal is an adult of sound mind who understands the nature and consequences of the directive.
Third, the appointment of a Healthcare Proxy (Attorney for Personal Care in Ontario, Representative in BC, Agent in Alberta) with defined authority to make healthcare decisions, access medical records, and enforce the directive’s instructions. The proxy should not be a person disqualified under provincial legislation — for example, in Alberta, the witness cannot be the agent or the agent’s spouse (Personal Directives Act, s. 5(2)), and in Ontario, the attorney cannot be the owner or operator of a residential care facility where the grantor resides (Substitute Decisions Act, s. 46(2)).
Fourth, specific healthcare instructions covering: life-sustaining treatment preferences, CPR/DNR directives, artificial nutrition and hydration, pain management and palliative care, and organ and tissue donation. These instructions should be detailed enough to guide healthcare providers but flexible enough to account for unforeseen circumstances. Fifth, a MAID acknowledgment — clarifying that the directive does not constitute a MAID request but may express the person’s awareness of the option. Sixth, a revocation clause confirming that the Principal may revoke or amend the directive at any time while capable. Finally, the proper execution formalities: the directive must be signed by the Principal and witnessed in accordance with provincial requirements (two witnesses in Ontario under the SDA, one witness in Alberta under the PDA), with appropriate restrictions on who may serve as a witness.
Additional compliance elements for a Living Will / Advance Healthcare Directive (Canada) used in Canada include: Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. 1985, c. C-34), enforced by the Competition Bureau, protects consumer rights. Section 15 of the Canada Business Corporations Act governs corporate obligations. Provincial superior courts and the Federal Court of Canada have jurisdiction for civil matters. The Canada Revenue Agency (CRA) administers tax compliance obligations. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
Sources & Citations
Statutory citations link to official government sources.
- R.S.C. 1985, c. C-34CA official
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Living Will / Advance Healthcare Directive (Canada) (Canada) [Legal document template]. Forms Legal. https://forms-legal.com/canada/estate-planning/wills/living-will-canada
"Living Will / Advance Healthcare Directive (Canada) (Canada)." Forms Legal, 2026, https://forms-legal.com/canada/estate-planning/wills/living-will-canada.
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note = {Free legal document template. Based on Provincial health-care consent and substitute-decision legislation (e.g. Health Care Consent Act 1996 (Ont))}
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Frequently Asked Questions
A Living Will (Advance Directive) is a written statement of your healthcare wishes that takes effect when you lose capacity. A Power of Attorney for Personal Care (Ontario’s term under the Substitute Decisions Act, 1992) appoints a specific person to make healthcare decisions on your behalf. In practice, a comprehensive advance care planning document combines both: it states your treatment preferences AND names a proxy decision-maker. Different provinces use different terminology: Ontario uses ‘Power of Attorney for Personal Care,’ BC uses ‘Representation Agreement’ (Representation Agreement Act, R.S.B.C. 1996, c. 405), Alberta uses ‘Personal Directive’ (Personal Directives Act, R.S.A. 2000, c. P-6), and Manitoba uses ‘Health Care Directive’ (Health Care Directives Act, C.C.S.M. c. H27). Under Canadian law, the applicable provincial health-care consent legislation, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
Witness requirements vary by province. In Ontario, a Power of Attorney for Personal Care requires two witnesses (Substitute Decisions Act, s. 10). In Alberta, a Personal Directive requires one witness who must not be: the agent, the spouse/partner of the agent, or the spouse/partner of the maker (Personal Directives Act, s. 5). In Manitoba, one witness is required who is not the proxy (Health Care Directives Act, s. 5). In BC, a standard section 9 Representation Agreement does not require witnesses, but a section 7 agreement (broader powers) requires one witness. For maximum enforceability across jurisdictions, we recommend using two witnesses. Under Canadian law, the applicable provincial health-care consent legislation, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
No. Under Canadian law (Criminal Code, Part XX.1, ss. 241.1–241.4), a valid MAID request must be made directly by the person seeking MAID, who must have capacity at the time the request is assessed. An advance directive cannot authorize MAID in advance — the person must provide informed consent at the time of administration (with an exception for persons whose natural death is reasonably foreseeable, who may provide a waiver of final consent under specific conditions). A Living Will can, however, indicate that you wish your healthcare proxy to be aware of MAID as an option. Under Canadian law, the applicable provincial health-care consent legislation, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
The legal status varies. In Alberta, Manitoba, Nova Scotia, and several other provinces, advance directives are expressly recognized by statute and healthcare providers are legally required to follow them. In Ontario, there is no specific advance directive legislation — instead, Ontario relies on the Power of Attorney for Personal Care under the Substitute Decisions Act, 1992, and the Health Care Consent Act, 1996. While a standalone ‘living will’ is not a statutory document in Ontario, it is recognized by courts as strong evidence of the person’s wishes and the appointed substitute decision-maker is legally required to follow the person’s prior capable wishes (Health Care Consent Act, s. 21(1)). Under Canadian law, the applicable provincial health-care consent legislation, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
Yes. You can revoke or amend your Advance Healthcare Directive at any time while you have the mental capacity to do so. In Alberta, a Personal Directive may be revoked by a new directive, a written revocation, or verbal revocation witnessed and documented (Personal Directives Act, s. 8). In Ontario, a Power of Attorney for Personal Care may be revoked by executing a new power of attorney, or by a written revocation signed before two witnesses (Substitute Decisions Act, s. 12). It is best practice to destroy all copies of the revoked directive and distribute copies of the new one to your healthcare proxy, physician, and healthcare facility. Under Canadian law, the applicable provincial health-care consent legislation, parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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