Making your wishes known before death - BC, canada

Different provinces have different names for the same legal concept. There are provinces where the same kind of document is legally binding (must be signed and witnessed) and others where it is not. This page is just about BC, canada.

Because many of us will be taken to the hospital in times of decline and crisis, how we receive care will be subject to law and bureacracy. We need to think about what we want for ourselves and get paperwork in order before that happens, to maintain as much autonomy as possible.

Questions that need answers (updates and links to resources to come): what if someone is considered too "incapable" by the state to make decisions for themselves in advance? What if a person has no one at all to have conversations with?

Hierarchy of who decides your care

  1. You, up until you are incapacitated.
  2. Your representative(s) (see below for types and what kinds of things they can decide on)
  3. Your Advance Directive
  4. Your Temporary substitute Decision Maker

Advance Care Planning (ACP) - not a legal document [return to top]

Your ACP is an expression of how you'd like to be cared for/have decisions made on your behalf if you are incapacitated. It involves 3 essential components:
  1. Conversations with others about your beliefs, values, and wishes
  2. putting those things in writing
  3. fill out a Temporary Substitute Decision Maker form, even if you also have representation appointed (see below)

Describing values and wishes on paper is good, but they are less effective on their own and do not take the place of communicating your wishes to people in your life. People who would be involved in your care should have a general sense of what is important to you so they can advocate for you.

It is hard, however, to account for every possible decision. Sometimes what you want now isn't what you'd want later. I will link to some tools and resources for understanding what you want and need, and what could be helpful to put in your own ACP.

Because things like changing relationships or health might alter what you want, your ACP is meant to change as well.

You can record your wishes in many forms (writing, take videos of yourself, take photographs, record audio...)

Representation - legal document [return to top]

Page 8 of My Voice, a guide for Advance Care Planning (PDF, BC gov website), describes 3 types of representation:

You do not need a lawyer, but you need to fill out forms and have witnesses and signatures.
Representatives must be 19 or older, considered capable, and can't be employed to provide health or personal care for you.
Forms can be found here, BC gov website with links to PDFs

Advance Directive information (PDF on BC gov website): Advance Directives (AD) became legally binding in BC in 2011.

Advance Directives state your consent and/or refusal of specific medical interventions. It is a legal document, but you do not need a lawyer to make an AD. You do need to have witnesses and signatures.
This is different from an Advance Care Plan (ACP), which is not legally binding.
It is also different from a Do Not Resuscitate (DNR), now called a No CPR form. A doctor needs to sign a No CPR form.

Temporary Substitute Decision Maker (TSDM) Form - not a legal document [return to top]

TSDM form (PDF on BC gov website)

IF you did not appoint a representative: when you are incapacitated, there is a hierarchy of family members who are contacted to make medical decisions on your behalf. BC law decides this default hierarchy:

  1. Your spouse: married or common-law; length of time living together doesn't matter
  2. A child (19 or older, birth order doesn’t matter)
  3. A parent (either, may be adoptive)
  4. A sibling (birth order doesn’t matter)
  5. A grandparent
  6. A grandchild (birth order doesn’t matter)
  7. Anyone else related to you by birth or adoption
  8. A close friend
  9. A person immediately related to you by marriage (in-laws, step-parents, step-children, etc.)

The first person on the list who is available and qualified (over 19, considered capable, not in conflict with you, and in touch with you within the last year) will be your TSDM.

If this is a terrifying prospect for you, consider printing and signing this form to show who you'd like contacted first (and who not to contact at all). However, even though there is space to sign your name, this is not legally binding.

Other sources

BC Palliative Care - Your Rights & Legal Options
People's Law School - Prepare an enduring power of attorney

All the forms linked to above

TSDM form
Incapacity planning: forms for the 3 types of representation
My Voice, a guide for Advance Care Planning

HOME!