Trends in Personal Planning

After more than 12 years as a BC Notary, I’ve witnessed many changes in Personal Planning documents.

One that has significant conversations emerging today is around the growing awareness of Medical Assistance in Dying (MAID). Since becoming legal in Canada in 2016, MAID has become a subject of increasing interest, particularly as more people may have known someone who has chosen that option and are curious about the process.

What I find most striking now is how often clients ask specifically about MAID in connection with dementia or Alzheimer’s. Those conversations usually lead to a deeper discussion— about the process itself and how the legislation has evolved over time.

A Brief History of MAID in Canada

2016: MAID became legal, but eligibility required that a person’s death be “reasonably foreseeable.”

2021: The law expanded, removing that requirement.

Today, individuals may qualify if they:

  • have a serious illness, disease, or disability;
  • are in an advanced state of irreversible decline; or
  • experience unbearable physical or mental suffering that cannot be relieved in a way acceptable to them.

That expansion allowed many Canadians facing profound suffering to consider MAID even without a terminal diagnosis. One significant limitation remains: Individuals with dementia cannot make an advance request. Consent must be given at the time MAID is administered, and once dementia progresses, a person may no longer have the capacity to consent—creating a difficult gap in the law.

Looking Ahead

There is growing public interest in allowing advance requests for MAID— particularly in cases where quality of life may diminish drastically. Ottawa is currently reviewing the possibility of expanding the legislation to allow Canadians to make an advance request for MAID that could represent a major shift in how Canadians approach endof- life planning.

What You Can Do Now

Until such changes are made, Canadians cannot make advance requests for MAID. That’s why it’s essential to have other legal tools in place. I strongly encourage my clients to do the following:

  • Keep their Representation Agreements up-to-date. That document legally appoints someone to act as your Representative for personal and health care decisions on your behalf, if you cannot. 
  • Prepare a Health Care Directive that clearly documents your personal care preferences and health care wishes. That document acts as a roadmap for your Representative, ensuring your values guide your care.

Final Thoughts

Representation Agreements and Health Care Directives are powerful tools that allow you to choose who will advocate for you in the medical realm. While we may see future changes to MAID legislation, those documents remain critical in ensuring your wishes are respected and your care is guided by those you trust most.

If you would like to help with your Representation Agreement, please contact your local Notary.

If you would like to learn more about Medical Assistance in Dying in Canada, here is the link for the report of Special Joint Committee on Medical Assistance Dying, February 2023: 

https://www.parl.ca/DocumentViewer/en/44-1/AMAD/report-2

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NOTARY MORRIE BAILLIE practises in Sidney, BC, with a focus on Personal Planning documents. For 2 years, she has served as an instructor with The Society of Notaries Public, teaching new Notaries about Personal Planning.

 


Posted in Personal Planning