Making my wishes known: Medical and legal aspects

What happens if I can’t speak for myself

In case of incapacity and in theabsence of a directive stating otherwise, the medical team will turn to your next of kin for support in decision-making. You may specify your spokesperson by creating a Mandate in Anticipation of Incapacity.

What is a Mandate in Anticipation of Incapacity

It is a legal document in which you name a person or persons to speak on your behalf in case that you are unable to do so yourself.  It may concern your financial affairs or your health or both.

What is the MUHC Level of Care?

Determining the Level of Care refers to a process by which the medical team determines the optimal level of medical intervention, based on your medical condition, advance directives (Living Will) and your current wishes.  It is documented in your medical chart and forms an important tool in supporting the provision of appropriate medical care.   The Level of Care may include a “Do Not Resuscitate” order.

What is a Living Will?

A Living Will or Advance Health Directive is a document in which you give instructions regarding your wishes for medical treatment in case you become incapacitated and cannot speak for yourself. 
You may find an example at: http://www.jgh.ca/en/LivingWill.

For more information:

Legal Educational Capsule for Seniors from Educaloi Quebec:

http://www.educaloi.qc.ca/loi/aines/  (French)
http://www.educaloi.qc.ca/en/loi/senior_citizens/ (English)

Topics include

  • Mandate in Anticipation of Incapacity
  • Homologation of Mandate for Incapacity
  • Consent to Care
  • Living Will
  • Curatorship for Adults
  • Public Curator and Protecting the Incapacitated
  • Wills and funerals