Personal Directives

Personal Directive – Plan Ahead with Confidence

Life can change quickly. Create a personal directive to ensure someone you trust can make important decisions for you if you can’t.
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What is a Personal Directive in Nova Scotia?

The Personal Directives Act (PDA) (Nova Scotia), allows you to create a Personal Directive and to appoint a person (a Delegate) to give directions and make decisions regarding your personal and medical care if you are unable to do so.

The PDA allows you to give specific instructions about what treatments you will accept or reject and what kind of care you will consent to if you can no longer live in your home.  It is important to think about this while you are in good health so that you can make informed decisions before they are needed.

The PDA came into effect in 2010, and is much more detailed than its predecessor, the Medical Consent Act, which has since been revoked. A POA that was created before the PDA came into effect, is still valid, but it might not have as much authority as you are now permitted to give under the Personal Directives Act.

A Personal Directive allows you to appoint a delegate to act for you in many areas, including:

  • Managing all aspects of your health, medical care and personal care, including without limitation, my medical treatments, surgeries, hospice, convalescent care, recreational and social activities, nursing home care, palliative care, nutrition, hydration, shelter, clothing, hygiene and my personal safety
  • Give consent, withdraw consent, or refuse consent to any care, treatment, service, or procedure when you are no longer capable of doing so yourself
  • Provide guidance to your delegate with regard to Living Will provisions for treatment if your death is imminent, and you do not wish to be kept alive by artificial means

Our counsel can help you with the creation of a Personal Directive, or we can assist you if you want to void your old POA for health care and create a more detailed plan.

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I am from Calgary, Alberta and was in need of a Lawyer to help with the Estate of my Uncle who lived in Dartmouth. Laurie was recommended, and although we have never met in person, I am so grateful that she is the one who helped me through the process. With the many miles between us, she was very professional, and her guidance was something I required during the difficult time. I would recommend Laurie LaViolette to anyone who is in need of a good Lawyer. Thank You, Laurie!

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Last June, (2017) Laurie helped me through one of the most unexpected, difficult times in my life. She was recommended to me, and I would most definitely recommend her to anyone who requires an amazing, understanding lawyer. I made a decision to file for a separation from my husband. Laurie was professional, yet empathetic, patient with me beyond belief, as I was distraught. She was attentive to all of my details, and requests and answered all of my questions in a timely matter. She has rich integrity as well through the emotional pangs I was dealing with.

In the new year, I reached out again for more help from Laurie with my will and health documents to ensure all was proper. She was genuinely happy for me that I was in a much better place.

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L. Gray

Laurie handled the legal work for a recent home purchase (a private sale) and more recently my Will, POA, and Health Directive. Laurie is professional, and thorough. She has been my lawyer for many years and I trust her work and advice. I continue to refer friends and family to her!

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Laurie LaViolette has represented my company and me and my wife personally for several real estate transactions and contract matters, and she has always gone above and beyond our expectations. Ms. LaViolette explains every aspect of the transactions clearly and makes sure we know all of our options. I would recommend her to anyone wanting a lawyer who takes the time with her clients.

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FAQs

What If You Do Not Have A Personal Directive?

If you don’t have a personal directive, you lose control over who makes personal and healthcare decisions for you if you become unable. Without a personal directive, Nova Scotia law decides who makes these important choices, usually a close family member. However, this might not be the person you would have chosen. It can also cause disagreements among family members, leading to stress and delays during an already difficult time.

For example, imagine James is suddenly hospitalized and unable to communicate due to an illness. He never made a personal directive. Now his family members disagree about his treatment, and no one is clearly in charge. Had James made a personal directive, he could have selected someone he trusted, saving his family from confusion and arguments.

Having a personal directive in place avoids these issues and clearly identifies who will make decisions on your behalf.

When Does the Personal Directive Take Effect?

A personal directive takes effect when you are no longer able to make your own decisions or communicate your wishes clearly. Usually, this happens if you’re seriously injured, very sick, or experiencing mental health issues that affect your decision-making ability.

What Kinds of Decisions Are Covered by a Personal Directive?

A personal directive covers decisions about your healthcare and personal care when you’re unable to make them yourself. This includes choices about medical treatments, where you’ll live, and everyday personal matters.

Common decisions covered include:

  • Medical treatments you want or don’t want
  • Where you’ll live, such as nursing home care or assisted living
  • Nutrition, hydration, and personal hygiene
  • Social and recreational activities
  • Safety, shelter, and clothing
  • Choosing when to accept or refuse medical procedures

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