In an emergency, it’s crucial to have a few essential legal documents readily accessible. Whether you are 30 or 80, you never know what circumstance you may find yourself in. It’s your choice – decide for yourself, or let courts, government, or other people make key decisions for you.
Some people say they cannot afford the legal costs to get these documents in place, but that doesn’t have to stop you. It is not essential that you have lawyers or notaries prepare them for you. While that is a good idea for many, there are easy and effective do-it-yourself options, too. For each of these documents, find a template (we have some in the Resources section of our website), fill it in, sign it and have it witnessed, and store it in a safe place. If a trusted person is named in the document, go over it with them to ensure that they agree to act for you as necessary, and that they understand and will respect your wishes. Key documents you should have are:
- Last Will and Testament
- Living Will
- Advance Healthcare Directive
- Power of Attorney
- Guardianship document
1: Last Will and Testament
Regardless of whether you have a multi-million-dollar fortune or a modest home and vehicle, having a will is very important. It should specify who inherits your possessions. Money, property (home and other properties), vehicles, furniture, jewellery and other assets should all be taken into consideration. Deciding who gets what can be challenging. You may treasure your grandmother’s diamond bracelet, but will your son really want it? Your piano may have been the focal point of your living room for decades, but do your heirs have space for it in their home (or do they want a piano?)? It is important to be very specific about what goes to whom. When you choose an executor (or co-executors), many considerations come into play. This person (or people) will need to be organized, administratively capable, and willing to take on the task (and it is more of a task than an honour), and they will have to be able to collaborate effectively and efficiently. You can have a lawyer or other professional administrator act as executor, and they will charge a fee – usually a percentage of the total value of your estate. If you select a trusted family member or friend, you will need to consider whether or not they will be compensated and, if so, how much and in what way. Your will must be witnessed by someone not mentioned in it (not the executor or one of the heirs). Keep your will in a safe place that your executor and heirs know about and can readily access.
2: Living Will
A living will defines what a medical care you wish to receive in the event that you cannot make those care decisions for yourself. Generally, it is used to inform medical staff how to treat you if you cannot speak or communicate, and directs medical care and medications. Usually it is intended for end-of-life situations regardless of age. Loved ones can use it to understand and describe your wishes. Sometimes trusted loved ones disagree about care, or medical staff recommend measures that are not what you would want. A living will describes the kind of care you want, and do not want, and what procedures you elect for your care. While the document can be useful, an Advance Health Care Directive is more extensive, and a living will therefore would not be needed if you have the Advance Health Care Directive.
3: Advance Health Care Directive
If you become incapacitated and cannot make decisions about your medical health, you will need some decisions made for you. Regardless of age, anyone can find themselves in a situation where they cannot decide or communicate for themselves. With an Advance Health Care Directive, you appoint a trusted person (or persons) to make those decisions for you. Your choice of who to appoint should consider how responsible the person is, if they will honour and carry out your wishes (even if they do not personally share them), if they are capable of advocating for you, and if they have the time and dedication to take on the responsibility, if and when they need to.
Decisions to incorporate into your Directive should be specific and detailed. Include CPR (cardio- pulmonary resuscitation), organ donor decisions, body donation decisions, ventilator use, feeding tube use, medications, and comfort care interventions (often referred to as palliative care measures). Your doctor may be able to assist in describing your wishes. Many people ensure that their family doctor has a copy of your Directive on your medical file.
4: Power of Attorney
There are several different kinds of Powers of Attorney – Financial, General, Enduring. Overall, a Power of Attorney is a legal document that you sign to give one person (or more than one person) the authority to make financial and legal decisions for you. You can grant this permission for all your legal and financial affairs, or only for those you select. You can also grant this permission for a specific time period, or for as long as you determine it is necessary, or from the time when you sign it until you pass away. A Power of Attorney terminates immediately on the death of the person who grants it.
A general Power of Attorney is in force from when it is signed, until the person who grants it becomes mentally incapacitated, and then it ceases to be valid.
An Enduring Power of Attorney allows your designate to continue acting for you if you become mentally incapacitated.
A Financial Power of Attorney grants powers to undertake specific financial matters.
Any of the types of Power of Attorney can be revoked at any time if the grantor is mentally capable. Keeping the Power of Attorney in a safe place where you control its use can give you peace of mind. You do not have to give your Attorney the document, as long as they know where you keep it and can access it when and as needed.
5: Guardianship Document
If you have children under the age of 18, it is essential to put provisions in place for them, in case something happens that you can no longer care for them. You may need two different levels of care – one to manage the children immediately upon your incapacity, and one for longer term, especially if
the more permanent guardian is far away. The children would likely need a support person or people to continue raising them, but also a trusted adult who can make key decisions about their health, financial future, living situation, and geographic location. These decisions are challenging, particularly when two spouses do not agree on the designated caregivers for their children. The best choices for the child or children should be the primary driver, and love and affection for the children are more important than resources or relationship.
You can change your legal documents any time. When you make changes, you can create a new form or write an addendum and attach it to the old one. Sign and date all your documents, and destroy all old copies when you make new ones. Often people say that they will get these documents in place “soon”, when they turn a certain age, or “eventually”. Protect yourself from courts, government, lawyers, doctors, or disagreeing trusted family or friends making decisions for you. Do it now! Only YOU know exactly what YOU want.