if you are young & Healthy, Do you Need a Power of Attorney or Personal Healthcare Directive in Nova Scotia?
Power of Attorney & Personal Healthcare Directive Explained
In Nova Scotia, a Power of Attorney and Personal Healthcare Directive are documents you can use to appoint someone else to make decisions for you. The documents can come into effect right away or only upon your incompetence. The Power of Attorney appoints someone to take care of your property and finances. Your Personal Healthcare Directive appoints someone to take care of you, personally, specifically your medical and healthcare needs.
Incompetence can be Unexpected
Many people envision not needing a Power of Attorney or Personal Healthcare Directive until they are old or frail. However, the reality is, none of us know when we might find ourselves in the unexpected circumstance becoming incompetent. (Check out our blog on how to know if a person has the necessary competence to sign a Power of Attorney or Personal Healthcare Directive in Nova Scotia)
Examples of Situations Causing Incompetence in Healthy Young People
Common examples where an otherwise healthy, younger (or middle age) person might find themselves (even temporarily) incompetent would be:
Vehicle accident
Sporting accident
Heart attack/Stroke
Allergic reaction
Unexpected outcome to routine medical procedure
Weather related slip & fall
Product negligence
Understand Who would Make Decisions for You if You Became Incompetent
No one really wants to envision any of these things happening to them, but they do happen, and they happen without warning. It’s important to consider what would happen should one of these scenarios befall you. Do you know who would have the authority to take make decisions about your healthcare and finances. It might not be who you think – particularly if you are living common-law and/or have separated, but not divorced from a legal spouse.
Without a Power of Attorney and/or Personal Healthcare Directive the Adult Capacity and Decision Making Act Governs
Presently, if you do not have a Power of Attorney and/or Personal Healthcare Directive in place, the Adult Capacity and Decision Making Act requires that person wishing to act as your Guardian to arrange to have a competence assessment on you completed, fill out a lengthy care plan and make an application for a court order to act on your behalf.
Nova Scotia Power of Attorneys are Governed by the Power of Attorney Act
If you have questions about making a Power of Attorney that would be valid in Nova Scotia, remember all things ‘Power of Attorney’ are governed by the recently updated (July 2022) Powers of Attorney Act.
If you have more questions, check out some of our other blogs on Nova Scotia Power of Attorneys:
CAN I STILL MAKE A VALID NOVA SCOTIA POWER OF ATTORNEY IF I PHYSICALLY CAN’T SIGN IT MYSELF?
DOES MY NOVA SCOTIA POWER OF ATTORNEY NEED A WITNESS TO BE VALID?
If you have any questions about power of attorney’s you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $250+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.
By: Dianna M. Rievaj, MBA, LLB - Founding Lawyer
The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers