Why You Need a Living Will and Advance Directive



The following points illustrates the requirements for a Living Will and Advance Directive:


  1. Express your wishes regarding end-of-life medical treatment.

  2. Provide directions on your health care when you are no longer capable of giving instructions.

  3. Relieve your family and loved ones from the responsibility of making your life-support decisions.

  4. Complete a Living Will and Advance Directive now in case you are unable to express yourself due to illness.

  5. In order to complete a Living Will and Advance Directive you must be mentally competent.

  6. You and two witnesses must be present in the same room at the same time, and you must each watch one another sign the Living Will and Advance Directive.

  7. Most jurisdictions require that a witness not be a spouse, a child of the spouse, an immediate family member or a blood relative and that the witness is an adult (i.e., a person that has reached the age of majority in that jurisdiction).

  8. Certain jurisdictions also require that a witness not be a person that provides you with personal care, health care or financial services.

  9. If you are concerned about the laws of your jurisdiction, it is recommended that you obtain legal advice.

  Signing Your Living Will and Advance Directive



The following procedure sets out the requirements to legally sign a Living Will and Advance Directive:


  1. You and 2 witnesses [who should each be an adult (i.e., reached the age of majority in your jurisdiction) and should not be your spouse, a child of your spouse, an immediate family member or a blood relative] must be present in the same room at the same time, and you must each watch one another sign the Living Will and Advance Directive.

  2. Put your initials at the right hand corner of the bottom of each page (except the last page where you will sign the Living Will and Advance Directive on the line above your name).

  3. Each witness must then initial each page next to where you placed your initials.

  4. Insert the date where indicated on the last page of your Living Will and Advance Directive and place your initials in the margin closest to where you inserted the date (the 2 witnesses should also place their initials in this location as well, next to your initials).

  5. On the last page of the Living Will and Advance Directive sign with your normal signature on the line above your name.

  6. On the last page of the Living Will and Advance Directive, each witness should print his or her name, address, and occupation in the spaces provided and then sign with their normal signature on the line above where it states "(Signature of Witness)". You and the witnesses should only sign the original Living Will and Advance Directive (no copies).

  7. AmericaWills.com can be contacted by phone at 1-929-269-5395, or mail at #218-99 Chapel Street, Nanaimo, British Columbia, Canada, V9R-5H3, or by email at contact@americaWills.com

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  Legal Considerations


  1. Is my Living Will and Advance Directive legal ?

  2. Every jurisdiction has different laws and requirements. The Living Will and Advance Directive available on this website was designed to meet the requirements of most jurisdictions. We cannot assure you that the Living Will and Advance Directive on this website meets the laws and requirements in your jurisdiction. If you want to ensure compliance with the laws in your jurisdiction, you must consult with a legal advisor in your jurisdiction.


  3. Are Doctors and Hospitals bound by my Living Will and Advance Directive ?

  4. Generally “Yes” however each jurisdiction has certain rules as to medical circumstances that deem a Living Will and Advance Directive to be ineffective. One example is pregnancy. You must ensure that your physician or hospital has a copy of your Living Will and Advance Directive.

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