Personal Planning in Newfoundland & Labrador For incapacity, end-of-life, other support needs

Welcome Your Host Joanne Taylor, Executive Director and Registrar of Nidus. This presentation is for basic information; not legal advice. Nidus is currently the only resource of its kind in Canada.

Who is Nidus?

Nidus… A non-profit, charitable organization (1995) established as a result of a grass-roots law reform of adult guardianship in BC. Hub for expertise on personal planning and resource to the public, community organizations, and professionals. Centre for excellence and best practices – with support of a Practice Advisory Group. Provides an online Registry service to store important information and documents and grant access to others who may need to know. Nidus is the Latin term for nest: a symbol of support and safety.

Personal Planning – what is it?

Personal planning Personal planning is about making arrangements in the event you need help while you are alive―due to a serious injury or illness. You must be an adult and mentally capable when you make your legal planning documents―they will be used if you are incapable. Estate planning is about making arrangements for after death. A Will is the key legal planning document in estate planning.

Putting the spotlight on personal planning

Personal planning and life areas The law divides our life into 4 general areas or categories. See next slide for examples of decisions or tasks that may fall under the life areas. The health system uses the term ‘advance care planning’ to encourage planning for health care. BUT there is an important relationship between financial and legal affairs and health care and personal care matters. The term and concept of personal planning recognizes the interrelationship of ALL life areas.

Personal planning covers 4 life areas

Why is personal planning important? Personal planning is driven by many factors: Canada has an aging population―and statistics show an increase in the incidence of dementia. The longer we live, the greater chance we will need assistance with our affairs. There are new laws on privacy and more emphasis on consent. Societal values have evolved. People want a say over decisions that affect their quality-of-life. The doctor and government do not necessarily ‘know best.’

Why engage in personal planning? By giving people you trust the legal authority to act on your behalf: It gives you a say over matters affecting your quality- of-life. It takes the burden off those who care (they have authority to carry out what is important to you). It lets you avoid the involvement of the state/government in your personal and private affairs.

Wishes are not enough! Wishes alone are not enough. Many citizens got involved in BC’s grass-roots law reform because wishes of loved ones were ignored. We learned, you need to give someone the legal authority to carry out your wishes by appointing them in your planning documents (upcoming slide). Give a copy of any written wishes or instructions to the person you appoint so they can apply them as you intended. Otherwise they will be interpreted by health care providers who may not know you and who have not been part of ongoing discussions with you.

Be careful what you put in writing! While health care providers will tell you that ‘no heroic measures’ is not specific enough, this may actually be safer as it allows your appointee to take the current context & medical info into account. John had cancer. He filled out a checklist about treatments he did not want. He ticked ‘No Intravenous treatment (IV).’ When he became very ill and confused, the doctor proposed treatment for severe diarrhea as a comfort measure. In John’s condition, he needed it through an IV…. BUT he put in writing that he refused IV.

Wishes are personal and may change. Wishes can change and need to be personal. Put any written wishes on a separate piece of paper. You can change or update as needed. Discuss them with the person who has legal authority to act on your behalf – and revisit those discussions over time. Nidus has a Values and Beliefs Discussion Guide on the website that many people find useful. It is the work of the National Old Age Pensioners Association and is based on cross-Canada discussions and real-life experiences. Go to www.nidus.ca > Get Help > Discussion Tools.

A living will is not a legal document A living will is not a legal document in Canada or in most states or countries. See the upcoming slide for legal documents in your province/territory.

Personal planning in Newfoundland & Labrador The concepts of personal planning are universal. Nidus is not an expert on the details of Newfoundland and Labrador’s legal tools. BC has unique aspects to our legislation due to the grass roots law reform. The next graphic is intended to show the legal documents in your jurisdiction. It is not legal advice. You need to check your provincial legislation for the requirements to make these documents and the details of what is covered. Please let us know if corrections to the graphic are needed.

Planning documents in Newfoundland & Labrador

What if you don’t plan?

No plan? If you do not make your own legal arrangements, there are laws and policies to decide for you. We call this the ‘default scheme.’ A default scheme is imposed when you are incapable and will not give as much power or flexibility to others―even a spouse― as when you make your own arrangements.

Thank you for joining us! info@nidus.ca | www.nidus.ca