Is an advance directive legally binding in Canada?

Yes, when properly executed under the applicable provincial legislation. In Ontario, prior capable wishes expressed in a valid document bind substitute decision-makers and health practitioners under section 21 of the Health Care Consent Act. Other provinces give similar effect through their own statutes.

What is the difference between a living will and an advance directive?

In Canada the terms are often used interchangeably. Technically, a living will records treatment wishes, while an advance directive can also appoint a proxy or representative. Our template combines both functions in a single document.

Does an advance directive need to be notarized?

Notarization is not generally required. Most provinces require the directive to be signed in the presence of two adult witnesses who are not the proxy, the proxy’s spouse or a beneficiary. Notarization can, however, help with recognition if you travel.

Who should not be a witness?

Your proxy, their spouse or partner, your spouse or partner, your child, anyone under 18 and anyone who stands to benefit under your will should not act as a witness. The exact rules are set out in the SDA in Ontario and equivalent statutes elsewhere.

Can I refuse specific treatments in advance?

Yes. You can refuse specific treatments such as CPR, mechanical ventilation or blood transfusions, and Canadian courts have consistently upheld the right of capable adults to refuse treatment in advance. Practitioners must follow a prior capable wish that applies to the circumstances.

Can my family override my advance directive?

No. Family members who act as substitute decision-makers are required by law to follow your prior capable wishes where they apply. They can only depart from those wishes if the person has regained capacity or the circumstances genuinely differ from those addressed in the directive.

Does this template cover medical assistance in dying (MAID)?

This template records general health care wishes but does not constitute a formal request for MAID under the Criminal Code, R.S.C. 1985, c. C-46, ss. 241.1–241.4. Requests for MAID must follow the specific statutory process with authorised clinicians.

Is my Ontario directive valid if I move to another province?

Other Canadian provinces will usually give effect to a directive made elsewhere in Canada, but requirements differ. If you move permanently within Canada, it is best to execute a new directive that complies with your new Canadian province's legislation and share updated copies with your care team.

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Advance Directive Template

An advance directive lets you set out your health care wishes in writing so that doctors and family know what treatment you want if you become incapable of making decisions. Our free Canadian template covers treatment preferences, life-sustaining measures, proxy decision-makers and organ donation, and can be adapted to the requirements of your province.

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LIVING WILL / ADVANCE DIRECTIVE

Protection Mandate (Mandat De Protection) · Province Of Quebec

DECLARANT

FULL LEGAL NAME	Jean-Pierre Bouchard
ADDRESS	320 Laurier Avenue, Montreal, QC H2T 1R5
PROVINCE / TERRITORY	Quebec
DATE OF BIRTH	November 3, 1958
HEALTH CARD NO.	BOUJ 5811 0315
DATE OF DIRECTIVE	March 20, 2026
DOCUMENT TYPE	Protection Mandate (Mandat de protection)

Date: March 20, 2026

Protection Mandate (Mandat de protection)

I, Jean-Pierre Bouchard, of 320 Laurier Avenue, Montreal, QC H2T 1R5, in the Province of Quebec, being of sound mind and understanding, do hereby make this Advance Directive to express my wishes regarding healthcare decisions in the event that I become unable to make or communicate such decisions myself. This directive is made in accordance with the applicable health legislation of the Province of Quebec, including the Health Care Consent Act, 1996 (ON), the Substitute Decisions Act, 1992 (ON), or equivalent provincial health care legislation.

HEALTHCARE PROXY / SUBSTITUTE DECISION-MAKER

FULL NAME	Marie-Claire Bouchard
RELATIONSHIP	Spouse
ADDRESS	320 Laurier Avenue, Montreal, QC H2T 1R5
PHONE	+1 (514) 555-0198
ALTERNATE PROXY	Sophie Bouchard-Tremblay · +1 (514) 555-0234

1. APPOINTMENT OF HEALTHCARE PROXY. I appoint Marie-Claire Bouchard (my Spouse), telephone: +1 (514) 555-0198 as my healthcare proxy (substitute decision-maker) to make healthcare decisions on my behalf when I am unable to do so myself. My proxy shall make decisions consistent with the wishes expressed in this directive and, where my wishes are unclear, shall act in my best interests. If my primary proxy is unable or unwilling to serve, I appoint Sophie Bouchard-Tremblay (telephone: +1 (514) 555-0234) as my alternate healthcare proxy.

2. LIFE-SUSTAINING TREATMENT. I direct that life-sustaining treatments be provided only if there is a reasonable expectation of recovery or meaningful improvement in my condition. If my attending physicians determine that my condition is terminal with no reasonable prospect of recovery, or that I am in a persistent vegetative state, I direct that life-sustaining measures be withheld or withdrawn, and that I receive comfort care only.

3. SPECIFIC TREATMENT PREFERENCES.

Cardiopulmonary Resuscitation (CPR): I do not wish to receive cardiopulmonary resuscitation (CPR). I direct that a Do Not Resuscitate (DNR) / Do Not Attempt Resuscitation (DNAR) order be placed on my medical records.

Mechanical Ventilation: I consent to a time-limited trial of mechanical ventilation. If there is no meaningful improvement within a reasonable period as determined by my attending physicians, I direct that ventilation be withdrawn.

Artificial Nutrition and Hydration: I consent to short-term artificial nutrition and hydration only. If my condition does not improve within a reasonable period, I direct that artificial nutrition be withdrawn.

4. PAIN MANAGEMENT AND PALLIATIVE CARE. I direct that I receive the maximum available pain relief and palliative medication, even if such medication may have the side effect of hastening my death or diminishing my consciousness. Comfort and freedom from pain are my primary concerns.

5. ORGAN AND TISSUE DONATION. Upon my death, I wish to donate all viable organs and tissues for transplantation, therapy, medical research, or education. I authorize my healthcare proxy and the appropriate medical personnel to carry out this donation in accordance with provincial human tissue gift legislation.

6. GENERAL PROVISIONS.

Revocation: I reserve the right to revoke or amend this directive at any time while I am competent to do so. Any revocation must be in writing, signed, and witnessed.

Copies: A copy of this directive shall have the same force and effect as the original. I direct that copies be provided to my healthcare proxy, my primary care physician, and any hospital or care facility where I receive treatment.

Severability: If any provision of this directive is found to be invalid or unenforceable under applicable provincial legislation, the remaining provisions shall remain in full force and effect.

Governing Law: This directive shall be governed by and interpreted in accordance with the applicable health legislation of the Province of Quebec and the federal laws of Canada.

DECLARANT

Jean-Pierre Bouchard

Date: ____________________

WITNESS 1

FULL NAME	Dr. Andre Lavoie
ADDRESS	800 Boulevard Rene-Levesque, Montreal, QC H3B 1X9

WITNESS 2

FULL NAME	Francoise Gagnon
ADDRESS	45 Rue Sainte-Catherine, Montreal, QC H2X 1Z5

WITNESS SIGNATURES

Two adult witnesses are required. Witnesses must not be the declarant's healthcare proxy, spouse, beneficiary, or healthcare provider. Requirements vary by province — consult applicable legislation.

Witness 1 Signature

Dr. Andre Lavoie

Witness 2 Signature

Francoise Gagnon

What Is an Advance Directive?

An advance directive is a legal document in which a capable adult records instructions about future health care, including the types of treatment they consent to or refuse if they later lose the capacity to decide for themselves. In Ontario this function is carried out by a power of attorney for personal care under the Substitute Decisions Act, 1992, S.O. 1992, c. 30, together with expressed wishes under the Health Care Consent Act, 1996, S.O. 1996, c. 2, Sched. A. In British Columbia, the Adult Guardianship Act, R.S.B.C. 1996, c. 6 and the representation agreement framework govern equivalent instruments.

A Canadian advance directive typically addresses two related topics: who will make decisions on your behalf (a proxy, attorney for personal care, or representative) and what those decisions should look like (preferences about CPR, mechanical ventilation, artificial nutrition and hydration, pain management and comfort care). Naming a proxy is important because health practitioners must obtain informed consent from a substitute decision-maker under section 20 of the HCCA when a patient is incapable.

Advance directives are routinely used by adults planning for serious illness, major surgery, progressive conditions such as dementia or ALS, and end-of-life care. They give your care team clear direction, reduce disputes among family members and help ensure the treatment you receive is consistent with your values and beliefs. Without a directive, decisions default to the hierarchy of substitute decision-makers set out in section 20 of the HCCA (or its provincial equivalents), which may not reflect your preferences.

What's Covered in This Template

Our advance directive template captures the essential information Canadian health care providers need to honour your wishes.

Personal Details

Full legal name, date of birth, health card number and current address of the person making the directive.

Proxy Decision-Maker

Name, relationship and contact details of your attorney for personal care, representative or proxy.

Alternate Proxy

A back-up substitute decision-maker in case the first is unavailable, unwilling or unable to act.

Life-Sustaining Treatment

Your wishes regarding CPR, mechanical ventilation, feeding tubes, dialysis and other life-prolonging interventions.

Pain Management and Comfort Care

Instructions about palliative sedation, analgesia and hospice care even when other treatments are declined.

Religious and Cultural Values

Beliefs that should guide decisions, including blood product refusals, prayer requirements or cultural practices.

Organ and Tissue Donation

Whether you consent to donation after death and any specific restrictions or preferences.

Autopsy Preferences

Your wishes about post-mortem examination, where this is not otherwise required by law.

Revocation Clause

Confirmation that previous directives are revoked and that this document reflects your current wishes.

Signature and Witnesses

Space for your signature and the signatures of two qualified witnesses as required under provincial legislation.

How to Create an Advance Directive

Follow these steps to create a clear and legally effective advance directive.

1
Reflect on Your Values
Think about what quality of life means to you and what treatments you would or would not want in different scenarios.
2
Choose a Proxy
Select a trusted adult who understands your wishes and is willing to advocate for them; talk with them before naming them.
3
Complete the Template
Enter your personal details, proxy information and specific treatment instructions into the form.
4
Sign With Witnesses
Sign the directive in the presence of two adult witnesses who are not your proxy, spouse or beneficiary.
5
Share and Store
Give copies to your proxy, family doctor and hospital, and keep the original in a safe but accessible place.

Legal Considerations

Several Canadian statutes govern the validity and effect of advance directives, and the rules vary by province.

This template is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer in your province for advice specific to your situation.

Reviewed for Canadian law

Ontario — SDA and HCCA

In Ontario, the Substitute Decisions Act, 1992, S.O. 1992, c. 30, s. 46 allows a capable person aged 16 or older to grant a power of attorney for personal care. The Health Care Consent Act, 1996, S.O. 1996, c. 2, Sched. A, s. 10 requires practitioners to obtain informed consent from the patient or their substitute, and section 25 requires them to respect the patient’s prior capable wishes so long as they apply to the circumstances.

British Columbia — Representation Agreements

In BC, advance care planning is governed by the Adult Guardianship Act, R.S.B.C. 1996, c. 6 and the Representation Agreement Act, R.S.B.C. 1996, c. 405. A representation agreement lets you appoint a representative for health and personal care decisions, and section 19 sets the duties of representatives. The Health Care (Consent) and Care Facility (Admission) Act also recognises binding advance directives in prescribed form.

Alberta and Other Provinces

Alberta’s Personal Directives Act, R.S.A. 2000, c. P-6 permits adults aged 18 or older to make a personal directive naming an agent and recording instructions. Other provinces have their own statutes (for example, Manitoba’s Health Care Directives Act). Requirements for witnesses, capacity and execution vary, so your directive should be tailored to your province of residence.

Capacity and Revocation

You must be mentally capable when you make an advance directive, meaning you understand the information relevant to the decision and the reasonably foreseeable consequences. You can revoke or update the directive at any time while you remain capable. Always date the document and ensure previous versions are destroyed or clearly marked as superseded.

Frequently Asked Questions

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