This information is from a workshop that I do for COSCO Health and
Wellness Institute in BC, that outlines the preparation of legal
documents to authorize someone you trust to help you manage your health and
financial affairs in times when you cannot speak for yourself, due to medical or other situations.
At some point in our lives, (sooner now, then later) we will all
face this situation. The planning process, if done ahead of time, will be of great
assistance to your family and friends when you are faced with illness, accident
or gradual decline in physical and mental capability. Without proper legal
arrangements, you may be vulnerable to adult guardianship. An adult guardian is
appointed by government and may not represent your wishes.
BC Legislation Has Changed
The key point in Personal Planning for end-of-life and crisis
management is that legislation in BC has changed. If you have not updated or
created new documents to take care of this, you and your family are vulnerable.
Having a Will only deals with the disposal of your possessions after your
death. Personal Planning deals with what happens before you die, but are not
able to look after yourself due to any of the aforementioned maladies. For
those so inclined you can read the Representation
Agreement Act Here.
Living Will
There is no legal document in BC called a Living Will. If you have
a “Living Will” document, recognize that it has no legal standing in British
Columbia and may not be recognized by any medical or other care facility.
Representation Agreement
The primary document you need in place is a Representation
Agreement. It is a document that authorizes your personal supporters to help
you manage your affairs or make decisions on your behalf if you need assistance
due to illness, injury, or disability. A Representation Agreement is the only
way to authorize someone to assist you or to act on your behalf for health care
and personal care matters. It can also cover routine
financial affairs and legal matters. Read about
Representation Agreements in detail here:
Representation Agreement Advance Directive
The
Health Care (Consent) and Care Facility (Admission) Act was amended to provide for advance
directives for health care decision-making. An Advance Directive is a written
instruction made by a capable adult that gives or refuses consent to health
care in the event that the adult is not capable of giving the instruction at
the time the health care is required. There are specific requirements to make a
legally effective directive. An Advance Directive gives detailed explanations
of your health care wishes and desires for when you are incapacitated. Read
about this document here: Advance
Directive. Health Care Consent.
Who can give consent in a medical emergency when you cannot? Learn
more here: Health
Care Consent. Practical advice was given as to who should have copies of
all forms and where they should be kept.
Your Fridge and Smart Phone
Did you know that first responders are trained to look on your
fridge to find pertinent information about you when you cannot respond? You
should have copies of all your healthcare information and copies of all the
above documents in an envelope on your fridge. They are also being trained to
look at your smart phone for the same. Apple’s iPhone has an installed Health
app that allows you to create a Medical ID. Learn about it
here. You can put all your important medical information and emergency
contacts in and first responders can get at it without unlocking your
phone.
Further information, as well as forms, can be obtained in the
booklet ‘My Voice’ that is available at Fraser Health offices and at the Nidus
Personal Planning Resource Centre and Registry. www.nidus.ca .
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