LIFE AND DEATH PLANNING, NOVA SCOTIA

February 13, 2009

This should give you some idea of what a Power of Attorney is, what a medical consent is, what an appointment of guardian under the Hospitals Act is. Also what a living Will is. Before you see your lawyer you may decide who you want to stand in your place to look after your affairs. You may want to appoint your spouse as your attorney as in form one, but if you don't have a spouse you may want to divide these responsibilities among two or more people.

Number One

John Doe

ENDURING POWER OF ATTORNEY, including Medical Consent, Living Will and Hospitals Act exclusion.

      I, John Doe, of Bridgewater, Nova Scotia, make this enduring power of attorney under the Powers of attorney Act. It may continue to be exercised during any legal incapacity on my part. This is also an authorization respecting medical treatment under the Medical Consent Act and appointment of guardian under the Hospitals Act.

1. Revocation. I revoke all former powers of attorney, all former medical consents, all former appointments of a guardian and any other appointments or delegation of authority to an agent.

2. Appointment. I appoint my wife, Mary Doe, to be my attorney and my Guardian in Health care. If Mary dies before I do, or if Mary resigns or is other wise unable or unavailable to act or to continue to act, then I appoint my son, Johnson Doe, to be my attorney and my Guardian in Health care in her place. A declaration by Johnson that Mary is unable or unavailable to act or to continue to act shall be sufficient evidence of his authority to be my attorney and my Guardian in Health care.

3. Effective Date. This enduring power of attorney and authorization becomes effective immediately.

4. Authority to deal with my property. You as my attorney have the authority to make decisions and act on my behalf to manage all my property and affairs. You may do anything on my behalf that I can lawfully do by an attorney.

5. Authority to deal with my person. You may make decisions and act on my behalf to manage all aspects of my health care and personal care. You may, give consent, withdraw consent, or refuse consent to any care, treatment. service or procedure when I am no longer capable of doing so.

6. Hospitals Act. You, as my guardian and not the Public Trustee, will manage my property and affairs for purposes of the Hospitals Act if I am unable to do so. Section 59(2) of the Hospitals Act will not apply.

7. Living Will. Without limiting your authority, I make the following declaration as to my wishes. If I am unable to communicate and I have an incurable or irreversible condition that will cause my death, you are to direct my attending physician to withhold or withdraw treatment that will only delay my dying unless such treatment is necessary for my comfort or to alleviate pain.

Dated at Bridgewater, Nova Scotia, ____________________ 20__.

Signature of witness                Signature of John Doe    (Seal)

The following affidavits are required by the various Acts.

If you will be travelling with this document , or any document, have it completed by a Notary Public.

AFFIDAVIT OF STATUS

      I, John Doe, of Bridgewater, Nova Scotia, make oath and say that:
1. I am the donor in the foregoing power of attorney, I am 19 years of age or older, and I am a resident of Canada within the meaning of the Income Tax Act (Canada).
2. For the purpose of this affidavit, "spouse" means either of a man and woman who
(i) are married to each other,
(ii) are married to each other by a marriage that is voidable and has not been annulled by a declaration of nullity, or
(iii) have gone through a form of marriage with each other, in good faith, that is void and are cohabiting or have cohabited within the preceding year.
3. Mary Doe is my spouse and I have no other spouse.

Sworn to before me at Bridgewater,
in the County of Lunenburg, this
______day of __________________20__.

A Notary Public in and for the                   Signature of John Doe
Province of Nova Scotia. My Commission
expires at her Majesty's Pleasure.

AFFIDAVIT OF WITNESS

     I, I M Witness, of Bridgewater, Nova Scotia make oath and say that:
1. I was present and saw this power of attorney executed by John Doe. I am the subscribing witness.
2. I believe that John Doe is capable of giving an enduring power of attorney.
3. I am 19 years of age or older. I am not named as an attorney in this power of attorney or the spouse of an attorney.
Sworn to before me at Bridgewater,
in the County of Lunenburg, this
________day of _______________20__.

A Notary Public in and for the                Signature of Witness
Province of Nova Scotia. My Commission
expires at her Majesty's Pleasure.
Print Names

NOTES ON THE ENDURING POWER OF ATTORNEY
1. The effect of this document is to authorize the person you have named as your attorney to act on your behalf with respect to your property and financial affairs.
2. Unless you state otherwise in the document, your attorney will have very wide powers to deal with your property on your behalf. You should consider very carefully whether or not you wish to impose any restrictions on the powers of your attorney. If you do not wish your attorney to have this power, advise your lawyer and he or she will add the appropriate changes. Your attorney will only be able to use your property for your benefit.
3. This document is an "enduring" power of attorney, which means it will not come to an end if you become mentally incapable of managing your own affairs. Your attorney will have a duty to manage your affairs and will not be able to resign without first obtaining permission of the Court. The power of attorney comes to an end if you or your attorney dies. Your attorney will also be required to account to your estate for actions taken on your behalf.
4. This document takes effect as soon as it is signed and witnessed. If you do not want your attorney to be able to act on your behalf until you become incapable of managing your own affairs, or looking after yourself, advise your lawyer and he or she will add the appropriate changes.
5. You may cancel this power of attorney at any time as long as you are still mentally capable of understanding what you are doing.
6. You should ensure that your attorney knows about this document and agrees to be appointed as attorney.

Number Two.
ENDURING POWER OF ATTORNEY for PROPERTY.

Young Tarzan

Enduring Power of Attorney for Property made by Young Tarzan in accordance with the Powers of Attorney Act, Nova Scotia.

1. I, Young Tarzan, revoke any previous enduring power of attorney for property made by me and appoint my mother, She Jane and my father, He Tarzan to be my attorneys for property with the authority to act jointly and separately.

2. If any of the people I have appointed, or any one of them, cannot or will not be my attorney because of refusal, resignation, death, mental incapacity, or removal by the court, I appoint my brother Younger Tarzan to act as my attorney for property with the same authority as the person he is replacing.

3. I AUTHORIZE my attorney(s) for property to do on my behalf anything in respect of property that I could do if capable of managing property, except make a will, subject to the law and to any conditions or restrictions contained in this document. I confirm that he or she may do so even if I am mentally incapable.

4. CONDITIONS AND RESTRICTIONS

Attach, sign, and date additional pages if required. (This part may be left blank.)

5. DATE OF EFFECTIVENESS

Unless otherwise stated in this document, this enduring power of attorney will come into effect on the date it is signed and witnessed.

6. COMPENSATION (This part may be left blank.)

DATE:_________________

[Note: The following people may not be witnesses: the attorney or his or her spouse or partner; the spouse, partner, or child of the person making the document, or someone that the person treats as his or her child; a person whose property is under guardianship or who has a guardian of the person; a person under the age of 18.]

Number Three.
ENDURING POWER OF ATTORNEY for Health and personal care.

Old Tarzan

Enduring Power of Attorney for health and personal care made by Old Tarzan in accordance with the Medical Consent Act, Nova Scotia.

This is also an authorization respecting medical treatment under the Medical Consent Act and appointment of guardian under the Hospitals Act.

1. I, Old Tarzan, revoke any former medical consents and any former appointments of a guardian made by me and I appoint my wife, She Jane and my son, Young Tarzan to be my attorneys for health and personal care with the authority to act jointly and separately.This is also an authorization respecting medical treatment under the Medical Consent Act and the appointment of a guardian under the Hospitals Act.

2. If any of the people I have appointed, or any one of them, cannot or will not be my attorney because of refusal, resignation, death, mental incapacity, or removal by the court, I appoint my other son, Younger Tarzan to act as my attorney for property with the same authority as the person he is replacing.

3. I AUTHORIZE my attorney(s) for property to do on my behalf anything in respect of property that I could do if capable of managing property, except make a will, subject to the law and to any conditions or restrictions contained in this document. I confirm that he/she may do so even if I am mentally incapable.

4. CONDITIONS AND RESTRICTIONS

Attach, sign, and date additional pages if required. (This part may be left blank.)

5. DATE OF EFFECTIVENESS

Unless otherwise stated in this document, this enduring power of attorney will come into effect on the date it is signed and witnessed.

6. COMPENSATION (This part may be left blank.)

DATE:_________________

You may also have a separate Living Will, a separate Medical consent, and a separate Hospital exclusion document. But these examples should be enough to talk to your lawyer.
On the other hand, if you are travelling a separate Living Will and a separate Medical consent and a separate Power of Attorney, and a marriage certificate might be needed.
I like this Living Will.

Number Four
“LIVING WILL” DECLARATION

      I, I. M. Me, of Bridgewater in the County of Lunenburg and Province of Nova Scotia make this Declaration this day of ______ 20__, to express my desire that my dying may not be prolonged under the following circumstances:
   If at any time I have an incurable injury, disease or illness determined by my physician to be a terminal condition; and my physician has determined that the application of life-sustaining procedures would only serve to prolong the time for me to die;
and that my death will occur whether life-sustaining procedures are used or not; then
   I direct that such procedures are to be withheld or withdrawn and that I am permitted to die with only the administration of medication or the performance of any medical procedure deemed necessary to provide me relief from pain and with comfort.
   In the absence of my ability to give directions regarding the use of life-sustaining procedures, it is my intention that this Declaration is honoured by my family and physician as the final expression of my right to refuse medical or surgical treatment and accept the consequences from such refusal.
   I understand the full import of this Declaration, and I am emotionally and mentally competent to make this Declaration.
WITNESS:
____________________________________
Declarent

   I, one of the subscribing witnesses hereto, am personally acquainted with and subscribe my name hereto at the request of the declarant, an adult, whom I believe to be of sound mind, fully aware of the action taken herein and its possible consequence.
   I, the undersigned witness, further declare that I am not related to the declarant by blood or marriage; that I am not entitled to any portion of the estate of the declarant upon his death under any Will or Codicil thereto presently existing or by operation of law then existing; that I am not the attending physician, or an employe of the attending physician or a health facility in which the declarant is a patient; and that I am not a person who, at the present time, has a claim against any portion of the estate of the declarant upon his death.
Declared at Bridgewater,
in the County of Lunenburg, this
________day of _______________20__.

A Notary Public in and for the                Signature of Witness
Province of Nova Scotia. My Commission
expires at her Majesty's Pleasure.

   I CERTIFY that I am one of the subscribing witnesses hereto, and that I am personally acquainted with and subscribe my name hereto at the request of the declarant, an adult, whom I believe to be of sound mind, fully aware of the action taken herein and its possible consequence.
   I FURTHER CERTIFY that I am not related to the declarant by blood or marriage; that I am not entitled to any portion of the estate of the declarant upon his death under any Will or Codicil thereto presently existing or by operation of law then existing; that I am not the attending physician, or an employe of the attending physician or a health facility in which the declarant is a patient; and that I am not a person who, at the present time, has a claim against any portion of the estate of the declarant upon his death.
Declared at Bridgewater,
in the County of Lunenburg, this
________day of _______________20__.

A Notary Public in and for the                Signature of Witness
Province of Nova Scotia. My Commission
expires at her Majesty's Pleasure.

Enduring power of attorney, Medical Consent, Hospitals Act not to apply.

Powers of Attorney Act.

Section 3 of the Act", A power of attorney, signed by the donor and witnessed by a person who is not the attorney or the spouse of the attorney, that contains a provision expressly stating that it may be exercised during any legal incapacity of the donor, is

(a) an enduring power of attorney;

(b) not terminated or invalidated by reason only of legal incapacity that would, but for this Act, terminate or invalidate the power of attorney; and

(c) valid and effectual,

subject to any conditions and restrictions contained therein that are not inconsistent with this Act. R.S., c. 352, s. 3.

Exclusion 4 An enduring power of attorney may include a provision expressly excluding the operation of subsection (2) of Section 59 of the Hospitals Act and in such case, where the attorney wishes to act, the attorney and not the Public Trustee shall conduct the administration pursuant to Section 59 of the Hospitals Act. R.S., c. 352, s. 4."

Hospitals Act

59 (1) Where a declaration of competency discloses that a person in a hospital is unable to administer his estate and the circumstances are such that the Public Trustee should immediately assume management of the person's estate, the administrator of the hospital shall notify the Public Trustee as soon as possible.

Powers of Public Trustee (2) Where there is no guardian to act on behalf of the person in a hospital who is unable to administer his estate and the Public Trustee is of the opinion that his intervention is appropriate, the Public Trustee may take possession of the property and effects and safely keep, preserve and protect the property and effects of the person in a hospital and expend from such property and effects such amount as is necessary to safely keep, preserve and protect the property and effects and for this purpose shall have all authority necessary so to do. R.S., c. 208, s. 59.

Medical Consent Act

2 The purpose of this Act is to permit a person, who is of the age of majority and capable of giving consent to medical treatment or directions respecting medical treatment, to authorize another person of the age of majority to give that consent in the future at any time when the person who gave the authorization is no longer capable of giving such consent. R.S., c. 279, s. 2.

Authorization to give consent

3 (1) For the purpose of this Act, a person of the age of majority may authorize another person of the age of majority to give consent or directions respecting medical treatment of the person giving the authorization.

Written authorization to be witnessed

(2) To be valid, an authorization given pursuant to this Act shall be in writing, signed by the person giving it and witnessed by a person who is not the person receiving it or the spouse of the person receiving it.

Deemed guardianship

4 A person to whom an authorization is given pursuant to this Act is and is deemed to be a guardian for the person giving the authorization for the purpose of giving consent to medical treatment and for that purpose is a guardian pursuant to the Hospitals Act. R.S., c. 279, s. 4.

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The Living Will Declaration is not a declaration under the Nova Scotia Evidence Act or the Canada Evidence Act. It is merely a statement of your wishes under the circumstances you include in it. The living will has no legal effect in Nova Scotia. The other documents that have some legal effect must be Sworn or Declared. You may be wondering why some affidavits are SWORN and some are DECLARED and some things are CERTIFIED.
http://en.wikipedia.org/wiki/Oath

The Nova Scotia Evidence Act provides this:
62 (1) Every person shall be permitted to make his solemn affirmation instead of taking an oath, in all places and for all purposes where an oath is or shall be required by law, which affirmation shall be of the same force and effect as if he had taken the oath.
(2) Every such affirmation shall be as follows:

I, A.B., do solemnly, sincerely, and truly declare and affirm (and then proceed with the words of the oath prescribed by law, omitting any words of imprecation, or calling to witness) R.S., c. 154, s. 62.

64 Every court, judge, justice, officer, commissioner, arbitrator or other person now or hereafter having, by law or by consent of parties, authority to hear, receive and examine evidence, may administer an oath to any witness legally called before such court, judge, justice, officer, commissioner, arbitrator or other person respectively and administer an affirmation to any witness who is exempted from taking an oath. R.S., c. 154, s. 64. Solemn declarations
65 (1) A person authorized by law to administer an oath or take an affidavit may receive the solemn declaration of any person in attestation of the execution of any writing, deed or instrument, or of the truth of any fact, or of any account rendered in writing.
(2) A solemn declaration made under this Section may be in the form from time to time prescribed by the Canada Evidence Act or in the form following:
I, A.B., do solemnly declare that (state the fact or facts declared to), and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.
Declared before me . . . . . . . . . . at . . . . . . . . . . this . . . . . . . . . . day of . . . . . . . . . . , 19 . . . . .

The Canada Evidence Act provides this:

The Canada Evidence Act provides this:
http://laws.justice.gc.ca/en/C-5/ Solemn affirmation by witness instead of oath
14. (1) A person may, instead of taking an oath, make the following solemn affirmation:
I solemnly affirm that the evidence to be given by me shall be the truth, the whole truth and nothing but the truth.
Effect
(2) Where a person makes a solemn affirmation in accordance with subsection (1), his evidence shall be taken and have the same effect as if taken under oath. R.S., 1985, c. C-5, s. 14; 1994, c. 44, s. 87.
Solemn affirmation by deponent
15. (1) Where a person who is required or who desires to make an affidavit or deposition in a proceeding or on an occasion on which or concerning a matter respecting which an oath is required or is lawful, whether on the taking of office or otherwise, does not wish to take an oath, the court or judge, or other officer or person qualified to take affidavits or depositions, shall permit the person to make a solemn affirmation in the words following, namely, “I, ......., do solemnly affirm, etc.”, and that solemn affirmation has the same force and effect as if that person had taken an oath.
Effect
(2) Any witness whose evidence is admitted or who makes a solemn affirmation under this section or section 14 is liable to indictment and punishment for perjury in all respects as if he had been sworn.
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LIFE AND DEATH PLANNING, Nova Scotia

Enduring power of attorney, Medical Consent, Hospitals Act not to apply.

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