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authors: Tamayo-Velázquez MI, Simón-Lorda P, Goodridge D, Steeves M. last update: 09/07/2010
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The Northwest territories is a province located in northern Canada. It has an area of 1,140,835 square kilometres (440,479 sq mi) and a population of 41,464 as of the 2006 census, an increase of 11.0% from 2001. Its capital has been Yellowknife since 1967.
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- Every person who is 19 years old or older may make a personal directive.
- A “director” (person who makes the personal directive) may provide for any of the following in his or her personal directive
- It is possible to the designate one or more agents and their authority to make personal decisions on behalf of the director in the future if he or she lacks capacity to make those decisions;
- A personal directive must contain
- (a) the director’s full name and signature;
- (b) the full name and signature of any person designated as an agent;
- (c) a declaration by any person designated as an agent that he or she is eligible to be an agent and that he or she is aware of and accepts the instructions in the directive and the duties of an agent under the Act;
- (d) the name and signature of a witness to the signature of the director; and
- (e) the name and signature of a witness to the signature of an agent.
- The director and agent must each
- (a) sign and date the personal directive in the presence of a witness; or
- b) acknowledge his or her signature in the presence of a witness
- A director who understands the nature and effect of revoking a personal directive may revoke the directive in whole or in part in accordance with this section
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In NorthwestTerritories, The Personal Directives Act regulates the Personal Directivessince January 1st, 2006.
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Record keeping
There is no specific Registry of AD in Northwest Territories. The number of Advance Directives registered is not collected.
An agent shall keep a record of each decision he or she makes under the personal directive, and shall retain that record until at least two years after his or her authority to act as agent ceases.
Access to record An agent shall, on request, provide a copy of a record to:
- (a) the director;
- (b) any other agent with authority respecting a matter addressed in the record, but only in respect of those portions of the record relevant to that other agent’s authority; and
- (c) any authorized representative of the director with authority respecting a matter addressed in the record, but only in respect of that portion of the record that is relevant to the representative’s authority.
Access by others An agent may, subject to any instructions in the personal directive, provide a copy of the record or any portion of it to any person not mentioned before, if the agent considers that it is in the interests of the director to do so.
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Required form
There is no an official form but the Department of Health and Social Services provides exemples of Personal Directives in its web:
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What is a personal directive?
Personal directive is a written document in which the author provides for his or her health care or other personal matters. The purpose of this sact is to allow adults to arrange in advance how, when and by whom decisions about their health care and other personal matters will be made if they later lack the capacity to make those decisions themselves.
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What kind of issues can be provided in an advance directive?
A director of a personal directive may provide for any of the following in his or her personal directive:
- (a) information about the director’s values, beliefs and wishes;
- (b) instructions on the making of personal decisions for the director at any future time when he or she lacks capacity;
- (c) the designation of one or more agents and their authority to make personal decisions on behalf of the director in the future if he or she lacks capacity to make those decisions;
- (d) the designation of an alternate to act in place of an agent who is unable or unwilling to carry out his or her functions as an agent;
- (e) the delegation of functions of an agent to another person;
- (f) the payment of an agent for the performance of his or her functions as an agent or for the provision of personal services to the director;
- (g) the designation of the persons who are or are not to be notified if the directive takes effect;
instructions respecting access to confidential information about the director;
- (i) any other prescribed matter.
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More information about Advance Directives in Northwest Territories can be found via the following organizations:
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- Publications
Books
- Molloy, W. Let me decide. Why we all need a living will. Penguin Canada. 23 Dec 2005. ISBN 9780143055495.
- Guo, Bing; Harstall, Christa. Advance directives for end-of-life care in the elderly: effectiveness of delivery modes. Edmonton, Alta. : Alberta Heritage Foundation for Medical Research, 2004. ISBN: 1896956939.
Articles
- Garrett DD, Tuokko H, Stajduhar KI, et al. Planning for End-of-Life Care: Findings from the Canadian Study of Health and Aging.Can J Aging. 2008;27:11–21.
- Mengual RP, Feldman MJ, Jones GR. Implementation of a novel prehospital advance directive protocol in southeastern Ontario. CJEM. 2007 Jul;9(4):250-9
- Molloy DW, Guyatt GH, Russo R, Goeree R, O'Brien BJ, Bédard M, Willan A, Watson J, Patterson C, Harrison C, Standish T, Strang D, Darzins PJ, Smith S, Dubois S. Systematic implementation of an advance directive program in nursing homes: a randomized controlled trial. JAMA. 2000 Mar 15;283(11):1437-44
- Blondeau D, Valois P, Keyserlingk EW, Hébert M, Lavoie M.Comparison of patients' and health care professionals' attitudes towards advance directives. J Med Ethics. 1998 Oct;24(5):328-35
Links
Other resources
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