Living Will Ontario: Advance Care Wishes and Power of Attorney for Personal Care

People use the term “living will” for a document that says what medical treatment they would or would not want if they could no longer speak for themselves. Ontario law does not use that term, but it does give legal force to your wishes and lets you choose who will speak for you. This page explains how. Law Wise is based in Mississauga and serves the entire GTA and Ontario.

“Living will”, “advance directive” and Ontario law

A living will is not a will. A will deals with your property after death. A living will, also called an advance directive or advance care plan, deals with your care while you are alive but unable to decide for yourself. In Ontario two statutes do the work. The Health Care Consent Act, 1996 sets the rules for consent to treatment and recognizes wishes expressed in advance. The Substitute Decisions Act, 1992 allows you to appoint a person to make personal care decisions through a power of attorney for personal care.

Who decides if you have not appointed anyone

If you are incapable of making a treatment decision, the Health Care Consent Act gives a ranked list of people who may decide for you (s 20). A person lower on the list may act only if no one higher is available, capable and willing.

1. A guardian of the person appointed by the court, if the guardian has authority over treatment.
2. An attorney for personal care named in a power of attorney that gives that authority.
3. A representative appointed by the Consent and Capacity Board.
4. Your spouse or partner.
5. Your child or parent.
6. A parent who has only a right of access.
7. A brother or sister.
8. Any other relative.

Two points follow from the list. A power of attorney for personal care puts the person you choose ahead of every family member. And without one, people of equal rank, such as several adult children, share the decision and must agree. If they cannot, the Public Guardian and Trustee makes the decision. Naming one person, with a substitute, avoids that.

Two parts: who decides, and what you want

A complete plan has two parts. The first is the appointment: a power of attorney for personal care naming the person, called your attorney, who will make decisions about your health care, nutrition, shelter, clothing, hygiene and safety when you cannot. The attorney’s authority begins only when you are incapable of making the decision in question. The document must be signed in front of two witnesses, and the law restricts who may act as a witness and who may be appointed. The second part is your wishes. These can be written into the power of attorney or set out in a separate statement. Wishes that are specific and applicable must be followed, so they should be written with care. A wish that is too rigid can prevent your attorney from agreeing to treatment you would in fact have wanted in circumstances you did not foresee. Many people therefore set out their values and priorities, give clear instructions on the few points they feel strongly about, and leave the rest to the judgement of someone they trust. See powers of attorney.

What people commonly address

• Life-sustaining treatment, such as resuscitation, ventilation, dialysis and artificial nutrition, where there is no reasonable prospect of recovery.
• Comfort and pain relief, including when comfort should take priority over prolonging life.
• Where you wish to be cared for, for example at home for as long as possible.
• Religious, cultural or personal practices that matter to you in illness and at the end of life.
• Who should be consulted or kept informed, and who should not be.
• Organ and tissue donation. Register your consent with the provincial registry as well.

Your wishes guide consent to treatment that a health practitioner proposes. They do not oblige a practitioner to provide treatment that is not medically appropriate.

Making your wishes effective

1. Choose your attorneyPick someone who will be available, can stay calm under pressure, and will follow your wishes even if they would choose differently. Name a substitute.
2. Talk to themA document is no replacement for a conversation. Tell your attorney and your family what matters to you and why.
3. Sign the documents properlyWhile you are clearly capable, with the required witnesses.
4. Tell your doctorGive a copy to your family doctor and bring one to hospital admissions.
5. Keep it findableYour attorney needs to know where the original is. A document locked in a safety deposit box is of little use in an emergency.
6. Review itAfter a diagnosis, a change in your relationships, or the death or illness of the person you named.

How Law Wise helps

• Preparing a power of attorney for personal care, with your wishes written in or attached.
• Explaining who may be appointed and who may witness.
• Preparing a continuing power of attorney for property and a will at the same time, so the documents work together.
• Advising families where a relative is no longer capable and no power of attorney exists. See guardianship applications.

Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.

Common questions about living wills

This page is general legal information for Ontario, current as of 11 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.