Common Myths When Planning for Your Future

Are you prepared for end-of-life, incapacity and your future?

Read some common myths and make sure you are on the right track with your plans.

MYTH #1
I have a Will and everything in joint names—I’m covered.

A Will only has effect after your death—it cannot authorize someone to act on your behalf for health care or financial affairs while you are alive. There are other legal documents you need to make in case you require assistance while you are alive—due to an illness, injury or disability.

It is common for spouses to own things jointly such as bank accounts, vehicles and real estate property. However, this is not enough!  For example, if you become incapacitated, joint ownership does not give your spouse authority to sell the car you both own. It also does not let your spouse renew the car insurance.

Read our Let’s Plan Handout to find out what you need to be covered.

 

MYTH #2
A Power of Attorney covers health and personal care decisions, as well as financial and legal affairs.

Under BC legislation, a Power of Attorney/Enduring Power of Attorney is a legally enforceable document but only for financial and legal affairs.

A Representation Agreement is the legally enforceable document in BC that gives someone authority to make health care and personal care decisions on your behalf. (Some people might also make a Representation Agreement to cover their routine finances—instead of an Enduring Power of Attorney.)

More Info:

Enduring Power of Attorney Fact sheet

Representation Agreement Overview

 

MYTH #3
It’s only about end-of-life and all about refusing life support.

While we are all going to die, most of us will need help with our financial affairs and decisions about health and personal care before we reach ‘end-of-life.’

• We might need temporary assistance if we are injured in a car accident or sports accident or have a serious illness or suffer a stroke.
• People with developmental disabilities or permanent brain injury or fetal alcohol spectrum disorder need assistance on an ongoing basis.
  
• Chronic and degenerative conditions such as Parkinson’s disease and dementia may require an increasing amount of assistance over time.

Even at end-of-life, there are a variety of health and personal care decisions related to providing comfort and supporting quality of life rather than refusing treatment. For example, giving consent to medication for pain management or arranging for a special mattress to prevent pressure sores or contacting a leader in the faith community to visit.

To learn more read Mary’s story.

 

MYTH #4
All I have to do is discuss or write down my wishes about care I do and do not want.

It is great to have conversations about your wishes but only by making a Representation Agreement in BC can you have certainty. A Representation Agreement is about giving the person or people of your choosing the necessary legal authority to carry out your wishes, if you cannot speak for yourself.

You do not have to include wishes in your Agreement and Nidus recommends you do not. This gives you the freedom to have ongoing discussions with your representative or update written wishes without re-doing your legal document.

To learn more read Heather’s Story.

 

MYTH #5
A living will is a legal document for end-of-life care.

This is a common misconception. The term living will was coined a number of years ago in the United States to raise awareness about a patient’s right to refuse medical treatments that can prolong life but have a negative effect on quality of life.

A living will is NOT a legal document—there is NO Living Will Act in BC.

The good news is that BC has strong legislation about health care consent, thanks to the initiative of citizens and community groups, including the Alzheimer Society of BC. For example, patients have the right to refuse health care, even if it means their death. In addition, you can authorize someone to do this on your behalf if you are incapable, using a Representation Agreement.

Even though a living will is not a legal document, people can use it to write down their wishes, preferences and values about care they do or do not want and give it to their representative in case they become incapable. A representative named in a Representation Agreement, must make decisions according to your wishes and values—that you expressed verbally or wrote down in a living will or advance care plan.

Click here to learn more about your rights to refuse health care.

 

The health system promotes advance care planning to encourage people to plan for health care. Nidus prefers the term personal planning because it is important to include all life areas—financial, legal, personal care as well as health care—and to recognize that the financial and social service systems have a role along with the care system.  

 

Thank you to The Law Foundation of BC for the funding to provide education on consent rights for health and personal care and tools for planning.