What is advance medical directives? Since January 1, 2016 every adult person (capable to consent to medical treatment) can also indicate in advance what medical services this person is willing to accept or reject in precise clinical circumstances. This is useful in case if this person becomes later incapable to express his or her consent to specific treatment.
Who can sign the directives?
These directives allow everybody every capable person to choose in advance medical treatment which he (she) would like to receive or not. Therefore it is fundamental that the person who signs those directives can understand the nature of his (her) condition, the risks and advantages of the proposed treatment and the concequences of his (her) decision to accept them or not.
It is established that an incapable person or one whose health has already significantly degraded cannot sign such directives. For example, if somebody is, unfortunately, in coma, he (she) could not give the directives.
To benefit from the directives, a person must sign a form before two witnesses. A free form is available online by the Règie de l’assurance-maladie du Québec (RAMQ). Once the directives are drafted and signed, they are to be sent to the Register of Advance medical directives of RAMQ. It’s also possible to give the signed directives to a medical professional who will include them in your medical file.
It is also possible to sign advance medical directives before a notary.
When advance medical directives apply
This new legislation allows you to consent (or refuse) in advance for precise medical treatment in anticipation of your incapacity when:
- You are nearing the end of your life and suffering from a grave and uncurable disease;
- Your cognitive functions are seriously affected resulting in advanced dementia without a possibility to improve. (For ex, Alzheimer disease);
- You are in an irreversibly comatose state or in a persistent vegetative state;
According to the legistation, the directives can only concern:
- Cardiopulmonary resuscitation;
- Dialysis;
- Forced ventilation by a respirator;
- Forcible or artificial feeding;
- Forcible or artificial hydration.
How can we help you
Any interested person can contest advance medical directives in Court. For example, you may contest the directives on formal grounds: where the signing witnesses have personal interest in the Will, for example.
This blog post contains only general information, please don’t take it for a legal advice. For all legal questions regarding your particular situation do not hesitate to consult your lawyer.
