Understanding a Personal Directive in Nova Scotia

A Personal Directive is a legal document that appoints someone to make personal and health care decisions on your behalf if you become mentally incapable of making those decisions yourself. In Nova Scotia, Personal Directives are governed by the Personal Directives Act. It is sometimes called a health care proxy, health care directive, or — in other provinces — a representation agreement or personal care power of attorney. Whatever the name, the purpose is the same: to ensure that the right person speaks for you when you cannot speak for yourself.

What Does a Personal Directive Cover?

A Personal Directive covers personal and health care decisions, including:

• Consent to or refusal of medical treatment
• Decisions about surgery, medication, and life support
• Where you live — home, assisted living, or long-term care
• Day-to-day personal care such as diet, hygiene, and recreation
• Who may visit you

A Personal Directive does not cover financial or legal matters. Those are handled by a separate document called a Power of Attorney.

How Is a Personal Directive Different from a Power of Attorney?

Many people confuse these two documents because both involve appointing someone to act for you. The distinction is straightforward: a Power of Attorney covers your finances and legal affairs, while a Personal Directive covers your body and personal care. You need both to be fully protected. Together with a Will, these three documents form a complete estate plan.

Who Should You Appoint as Your Delegate?

Your delegate under a Personal Directive is the person who will make health care decisions for you. This is one of the most consequential appointments you will ever make. Choose someone who:

• Knows your values and wishes, not just your medical history
• Can remain calm and advocate clearly under pressure
• Is willing to make difficult decisions, including end-of-life decisions
• Will respect your wishes even when they disagree with them personally

You can appoint a spouse, adult child, sibling, or close friend. You can also name a substitute delegate in case your first choice is unable to act. It is important to have a frank conversation with your delegate about your wishes before a crisis occurs.

Can You Include Specific Instructions?

Yes. A Personal Directive can include instructions about specific medical situations — for example, your wishes regarding resuscitation, artificial nutrition, or life-prolonging treatment if you are in a persistent vegetative state. Including these instructions reduces the burden on your delegate and reduces the likelihood of family conflict during an already stressful time.

That said, it is impossible to anticipate every medical scenario. The value of appointing a trusted delegate is that they can exercise judgment in situations your directive does not specifically address, always guided by what you would have wanted.

When Does a Personal Directive Take Effect?

A Personal Directive only takes effect when you lose the capacity to make personal decisions yourself. Capacity is assessed by your health care providers. Until that point, you continue to make all your own decisions. The document sits in the background, ready to activate if and when it is needed.

Does a Personal Directive Expire?

No. A Personal Directive remains valid indefinitely unless you revoke it. You can revoke a Personal Directive at any time while you still have capacity, simply by destroying the document and notifying your delegate. It is good practice to review your Personal Directive every few years and after major life changes — particularly if your delegate's circumstances change or your relationship with them changes.

Does a Personal Directive Need to Be Notarized?

In Nova Scotia, a Personal Directive must be signed before a witness who is not your delegate and not a beneficiary under your Will. It does not legally require a Notary Public, but having it prepared and executed before a Notary ensures the document is correctly worded, properly signed, and will be recognized without challenge by hospitals, care facilities, and health care providers. A document that is questioned or delayed in a medical emergency is far worse than no document at all.

The Three Documents That Protect You Completely

A Will, a Power of Attorney, and a Personal Directive each serve a distinct purpose. Your Will governs what happens to your estate after you die. Your Power of Attorney protects your finances if you lose capacity during your lifetime. Your Personal Directive protects your body and personal care if you lose capacity. None of the three can substitute for the other two. At Worry Free Will & Notary, all three are prepared in a single one-hour appointment for $395.