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authors: Tamayo-Velázquez MI, Simón-Lorda P, Goodridge D, Steeves M.
last update: 14/07/2010
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British Columbia is the western most of Canada's provinces. The capital of British Columbia is Victoria. British Columbia's land area is 944,735 square kilometres (364,764 square miles). The 2006 census showed a population of 4,113,487.
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In British Columbia, Advance Directives are not yet legally binding. It is possible to appoint a proxy (substitute decision maker) under the law “Representation Agreement Act, 1996) and tell him/her the preferences (Instructions for a substitute decision maker).
- It is possible to give instructions for future health care either verbally or in writing, as long as they can be authenticated as having come from the author. This is why written instructions must always be signed by the author and in certain circumstances must also be witnessed. These instructions will guide the substitute decision maker.
- It is not necessary to use any particular form or format to document instructions for future health care.
A representation agreement is executed when the following requirements are met:
- The agreement must be in writing, signed and witnessed by 2 witnesses each of whom must sign the representation agreement.
- A representation agreement must be signed too by each representative and each alternate representative named in the agreement.
- all certificates required are completed.
- The persons referred above need not be present together when they sign the representation agreement and any one or more of them may sign it in counterpart.
- If the author consults a member of the Law Society of British Columbia and the person who is consulted completes a consultation certificate in the prescribed form, it will not be necessary another witness.
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Under the current legislation, the options available to British Columbians for advance planning for health care decisions are:
- 1. The Representation Agreement Act,1996 (in force since 2000) enables individuals to appoint another person (the substitute decision maker) to make decisions, including health care decisions, on their behalf should they become incapable of making these decisions.
- 2. Since 2003, an adult may make an instruction or wish that must be followed:
- in an emergency by a physician or other health care provider when no family member is available to make decisions; and
- in a non-emergency by a temporary substitute decision maker.
In British Columbia, health care providers cannot act directly on your instructions for future health care. They must consult the substitute decision maker, who will make the decision.
The common term for a document that gives instructions for future health care is “advance directive”, but the documents might be referred to as “instructions for a substitute decision maker”.
“Instructions for a substitute decision maker”, is currently the only kind of instructions for future health care that is legally recognized in B.C
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There is no advanced directives registry in BC.
The number of Advance directives registered in BC
Living Wills Registry. www.livingwills.com. This Registry (not official), was established by Dr David Williams, a Stratford family physician, and his wife Maureen in 1992. The Registry's mandate is to assist people in directing their own medical treatment in the event of incapacitating illnesses or injuries.
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Modelo obligatorio texto aqui
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¿Qué es la Declaración de Voluntad Vital Anticipada?
texto aqui
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More information about Advance Directives in British Columbia can be found via the following organizations:
- Vancouver Coastal Health. www.vch.ca, provides a full range of health care services ranging from hospital treatment to community-based residential, home health, mental health and public health services. Information about ADs available at http://www.vch.ca/seniors/docs/Living_Wills.pdf
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