Health & personal care directives

(a) What is the proper term for this type of document in Nova Scotia and what is the legislation that governs it?

A personal directive may be executed to authorize a delegate to make health care and personal decisions for the maker of the directive during incapacity. This instrument is authorized and governed by the Personal Directives Act, SNS 2008, c 8.

(b) What are the formalities for executing this document in Nova Scotia and can it be executed virtually?

The personal directive must be in writing, be dated, be signed by the maker (or if the maker is unable to sign, by another person on his or her behalf who is not the delegate or the delegate’s spouse, at his or her direction and in his or her presence), and witnessed by at least one person who is not the delegate or the delegate’s spouse or the person who signs on the maker’s behalf or that person’s spouse.

(c) In the absence of a written directive, to whom will medical professionals speak regarding treatment decisions for an individual who is incapable?

With regard to a person who lacks capacity to make a health care decision or a decision to accept an offer of placement in a continuing care home or to accept home care services, the nearest relative who (i) has capacity, (ii) is willing to make the decision, and (c) excepting a spouse, has been in personal contact with the person over the preceding twelve-month period or has been granted a court order to shorten or waive the twelve-month period; (d) is willing to assume the responsibility for making the decision; and (e) knows of no person of a higher rank in priority who is able and willing to make the decision; and (f) makes a statement in writing certifying the relationship to the person and the facts and beliefs set out above, may act as a statutory decision maker.

“Nearest relative” means the first-named of the following (in order of priority):

(a) spouse;

(b) child;

(c) parent;

(d) person standing in loco parentis;

(e) sibling;

(f) grandparent;

(g) grandchild;

(h) aunt or uncle;

(i) niece or nephew;

(j) other relative,

If there is no such person able and willing to act, the Public Trustee is the statutory decision-maker.