What People Mean by "Living Will"
If you have searched for a living will, you are almost certainly looking for a document that records your wishes about medical treatment — what you want done, and what you do not want done, if you become seriously ill or incapacitated and cannot speak for yourself.
That is a reasonable and important thing to want. The problem is that "living will" is an American term, and the document it describes has no formal legal status in Nova Scotia.
Nova Scotia Uses a Different Term — and a Different Document
In Nova Scotia, the legally recognized instrument for this purpose is called a Personal Directive. It is governed by the Personal Directives Act, SNS 2008, c 8, and it is the only document that gives someone legal authority to make personal and healthcare decisions on your behalf if you lose capacity.
A Personal Directive does what a living will attempts to do — and more. It allows you to:
- Record your values, beliefs, and specific wishes about medical treatment
- State whether you want life-sustaining treatment if there is no reasonable prospect of recovery
- Appoint a Delegate — a trusted person with legal authority to make personal and healthcare decisions on your behalf
- Name an alternate Delegate if your first choice is unable to act
What a Personal Directive Does Not Cover
This is important: a Personal Directive deals with personal and healthcare decisions only. It does not give anyone authority over your finances, property, or legal affairs. That is a separate document — an Enduring Power of Attorney.
The two documents serve distinct and complementary purposes. One covers your body and your care; the other covers your money and your property. Both are needed for complete protection.
What Happens Without a Personal Directive in Nova Scotia
Without a Personal Directive, no one — not your spouse, not your adult children — has automatic legal authority to make healthcare decisions for you in Nova Scotia. Healthcare providers fall back on the substitute decision-maker hierarchy set out in the Act, which can be slow, contested, and deeply stressful for your family at an already difficult time.
A properly executed Personal Directive removes that uncertainty. Your Delegate can act immediately, with clear legal authority, and in accordance with the wishes you have already recorded.
A "Living Will" Document Has No Legal Force Here
A document prepared outside Nova Scotia, or drafted informally as a "living will," will not give your family or healthcare providers any legal authority to act on your behalf under Nova Scotia law. It may be taken into account as evidence of your general wishes, but it is not binding, and it does not appoint anyone to act for you. Only a properly executed Personal Directive under the Personal Directives Act achieves that.
How to Get a Personal Directive in Nova Scotia
A Personal Directive is prepared in a single appointment at either the Halifax or Dartmouth office of Worry Free Will & Notary. It is always prepared alongside an Enduring Power of Attorney — the two documents are complementary, and having one without the other leaves a gap in your planning.
If you are also having a will prepared, both documents are included in the complete package. If you already have a will and need only a Power of Attorney and Personal Directive, that is available as a standalone service.
Get Your Personal Directive Done in One Appointment
Halifax and Dartmouth offices. By appointment only — book online.
Included in the full will package ($395 / $495 couple) · Standalone with POA: $195 / $245 couple · Free updates included
Frequently Asked Questions
What is a living will?
A living will is an informal term — used in the United States and in popular usage more broadly — for a document that records your wishes about medical treatment if you become incapable of expressing those wishes yourself. In Nova Scotia, the legally recognized document that serves this purpose is called a Personal Directive, governed by the Personal Directives Act. A living will as such has no formal legal status in Nova Scotia.
Is a living will legally valid in Nova Scotia?
Not on its own. Nova Scotia law recognizes the Personal Directive as the formal instrument for expressing healthcare and personal care wishes and appointing a substitute decision-maker. A document styled as a living will would not give anyone legal authority to act on your behalf. To have legal effect in Nova Scotia, your wishes need to be recorded in a properly executed Personal Directive.
What is the difference between a living will and a Personal Directive?
A living will typically records specific instructions about end-of-life medical treatment. A Personal Directive under Nova Scotia law is broader: it can record your wishes, and it appoints a Delegate who has legal authority to make a wide range of personal and healthcare decisions on your behalf. The Personal Directive is a more complete and legally effective instrument.
What does a Personal Directive cover?
A Personal Directive covers personal and healthcare decisions only — not financial matters. Your Delegate can make decisions about medical treatment, surgical procedures, life-sustaining care, placement in a care facility, and personal care matters such as diet and living arrangements. Financial and property decisions are handled separately under a Power of Attorney.
How much does a Personal Directive cost in Nova Scotia?
A Personal Directive is included at no extra charge as part of the complete will package at $395 for one person or $495 for a couple. If you already have a will and need only a Power of Attorney and Personal Directive, both are available together for $195 for one person or $245 for a couple, with free updates included.