Tag: personal directive

When Death Has a Date

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A wooden desk by a window with an October calendar, folded letters, a pen, glasses, and a journal, suggesting quiet preparation and end-of-life planning.

What MAID Means for Your Estate Plan

Margaret had been thinking about it for two years. After her ALS diagnosis, she’d done her research, spoken with her doctor, and made her decision. She knew the date. Her family knew the date. What nobody had gotten around to was her will. It was 15 years old, named an ex-spouse as executor, and didn’t reflect a single thing about her life as it was now.

The gift of a planned death is time. The tragedy is when that time isn’t used.

MAID (medical assistance in dying) gives Canadians with a grievous and irremediable medical condition the legal option to choose the timing of their death. That’s a profound thing, and this article isn’t about the medical process or the policy debate. It’s about something more practical: what having a planned death means for your estate, your documents, and the people you’re leaving behind.

Because MAID changes the estate planning conversation in ways most people, and honestly, many professionals, haven’t fully thought through.

You Know the Date. Your Documents Should Too.

When death is sudden, there’s no window to update a will or have the conversations that should have happened years earlier. With MAID, that window exists. The question is whether people use it.

A valid, up-to-date will is the starting point. But MAID raises some specifics that a sudden death wouldn’t. In Canada, a person must have mental capacity to consent at the time MAID is administered. That’s straightforward enough when someone is physically ill but mentally sharp. It gets more complicated when cognitive decline is part of the picture. People living with dementia face a genuine catch-22: they must be capable of giving informed consent immediately before the procedure, but as dementia progresses, that capacity disappears, which means they can become ineligible for MAID even if they clearly wanted it earlier. Outside Quebec, this forces an impossible choice: act earlier than you want to in order to ensure you still have capacity to consent, giving up time with the people you love, or risk losing capacity and being unable to access MAID at all. Quebec became the first jurisdiction in Canada to allow advance requests for MAID, effective October 30, 2024, but that option isn’t available to the rest of the country yet, and it remains in tension with the federal Criminal Code. The practical takeaway for anyone navigating a serious diagnosis is that the window to get both your MAID request and your estate documents in order while capacity is unquestionable may be shorter than it seems. Waiting too long isn’t just a practical problem; it can become a legal one.

The same applies to powers of attorney and personal directives. If those documents aren’t in place before capacity becomes an issue, the window may close faster than expected.

What a Personal Directive Can and Can’t Do Here

Personal directives let you document your healthcare wishes and name someone to make decisions on your behalf if you can’t. They’re a critical piece of any estate plan, and they become even more important when serious illness is part of the picture. (The name for this document varies by province: you may see it called an advance directive, a representation agreement, a healthcare directive, or a mandate, depending on where you live.)

But here’s something worth knowing: a personal directive cannot authorize MAID on your behalf. In Canada, MAID requires the person to be capable of consenting at the time it’s administered. A substitute decision-maker can’t make that call for you. This is different from other end-of-life decisions, like withdrawing life support, where a proxy may have authority.

That doesn’t make a personal directive less important. It makes it more important to have those conversations early, while you can speak for yourself. Your directive can still capture your values, your wishes around pain management, what quality of life means to you, and what you don’t want, all of which matters enormously to the people walking alongside you through this.

When Robert Was Diagnosed at 58

Robert had been meaning to update his personal directive for years. After his MS diagnosis, he finally started thinking about getting his documents in order, including thinking more seriously about MAID as a future option. By the time he sat down with a notary, his condition had progressed enough that there were questions about his capacity to sign. The notary required a capacity assessment before proceeding, which delayed everything by weeks and added stress to an already difficult time. Had Robert updated his documents two years earlier, none of that would have been necessary. The lesson isn’t that MAID planning is complicated. It’s that the time to do the paperwork is before you urgently need it.

If this has you thinking about where your own documents stand, the NEXsteps Planning Toolkit is a good place to start. It brings together 12 self-guided tools covering the key areas of estate and incapacity planning, so you can see what you’ve addressed and what still needs attention.

What the Executor Is Walking Into

When death is sudden, an executor is often working in a fog of grief and surprise. When death is planned, the dynamic is completely different, and in some ways harder.

The executor knows what’s coming. There’s time to prepare, which is genuinely helpful. But there’s also time for family tensions to come out, for questions about the estate to get raised before the person is even gone, and for the executor to feel caught between the wishes of the dying person and the emotions of the people around them.

A few things tend to catch executors off guard when MAID is involved:

  • The estate doesn’t automatically settle faster. A planned death doesn’t mean a simple estate. The same probate process, the same asset-gathering, the same beneficiary notifications apply. What’s different is that there can be more opportunity to organize, if the executor is looped in ahead of time.
  • Family dynamics get complicated. When there’s a known date, people sometimes start acting like the estate has already transferred. Conversations about “who gets what” can happen in ways that put the executor in an uncomfortable position, especially if the will says something different from what family members are expecting.
  • Beneficiary designations on registered accounts matter just as much. RRSP, TFSA, RRIF, and life insurance beneficiary designations pass outside the will entirely. If they haven’t been reviewed, a planned death doesn’t fix that.

The best thing a person choosing MAID can do for their executor is tell them what’s coming, share the location of all key documents, and make sure the will reflects current intentions.

What Diane Didn’t Expect

Diane was named executor for her aunt, who chose MAID after a cancer diagnosis. Her aunt had three weeks from the confirmed date to the procedure. Diane assumed that because her aunt was still sharp and organized, everything would be in order. What she found was a will that hadn’t been updated since 2009, two bank accounts her aunt had forgotten to mention, and a beneficiary designation on a life insurance policy that named her aunt’s late husband. None of it was unfixable, but all of it added work and delay during a time when Diane was also grieving. The documents didn’t need to be perfect. They just needed to be current.

What Families Should Be Thinking About

If someone in your family is considering MAID, or living with a condition where it might become relevant, the most useful thing you can do is normalize the estate planning conversation early. Not because death is imminent, but because having the documents in place is an act of care for everyone involved.

That means:

  • A will that reflects current wishes and names the right executor
  • Powers of attorney for property and personal care, signed while capacity is clear
  • A personal directive that captures values and healthcare preferences, even if it can’t authorize MAID directly
  • A conversation with the executor about where everything is and what to expect
  • A review of all beneficiary designations on registered accounts and insurance

MAID, at its core, gives people a measure of control in circumstances where so much feels out of control. The estate planning side of it is where that control becomes real, not just for the person dying, but for everyone they leave behind.

Visit our services page to see how we can help.

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Please send us your questions or share your comments.

Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.

You’re Not Too Young for Estate Planning

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A woman sits at a kitchen island in a bright, modern home, looking at her phone beside an open laptop, notebook, keys, and a sealed envelope while a golden retriever sleeps nearby on the floor.

Estate Planning in Your 30s: What Nobody Told You

A few weeks ago, someone in their early 30s told me she’d been meaning to sort out a will for a couple of years. She and her partner had just bought their first place. They had a dog. No kids yet. She said, “I know we should probably do it, but it feels like something for later.”

I hear this a lot. And I get it. Estate planning has a reputation for being something older people do, something you graduate into once life gets complicated enough to justify the paperwork. So it sits on the list, somewhere below “book the dentist” and above “learn to make sourdough.”

Here’s the thing, though. Life is already complicated enough. And for people in their 20s and 30s, the gaps in a plan that doesn’t exist yet can be some of the most consequential ones of all.

Your 20s Called. They Want You to Sort This Out.

The idea that estate planning is for older people exists because we associate it with death, and we associate death with age. But incapacity doesn’t work that way. Accidents don’t work that way. Sudden illness doesn’t work that way.

The 32-year-old who has a serious car accident on the way to work doesn’t get to defer that situation because it’s inconvenient. If they can’t communicate, someone needs to make medical decisions and manage their finances. And unless they’ve named that person in legally valid documents, the people who love them most may have no authority to do anything at all. Not their partner. Not their parents. Not their closest friend.

That’s not a worst-case scenario designed to frighten anyone. That’s just how the law works.

What Actually Happens When There’s Nothing in Place

When a young adult loses capacity or dies without planning documents, the people left dealing with it don’t just feel grief. They feel helpless. They hit walls.

A partner who isn’t legally a spouse may have no standing to make healthcare decisions. Parents who want to help may discover they have no more legal authority over a 25-year-old’s finances than a stranger does. Siblings may disagree about what their brother or sister would have wanted. In Canada, when there’s no enduring power of attorney and no personal directive, families may need to apply to court to get authority to act. That process takes time, costs money, and happens at the exact moment when nobody has the energy or clarity to navigate it.

And when a young person dies without a will, their estate goes wherever provincial intestacy laws direct it, which may have no resemblance to what they actually would have chosen.

When love isn’t enough

When Tyler was 29, he was in a serious mountain biking accident that left him in hospital, unable to communicate, for three weeks. His girlfriend of four years was at his side every day. But she couldn’t authorize his treatment, couldn’t access his accounts to keep his rent paid, and couldn’t speak to his employer on his behalf. Everything she tried to do for him hit a wall. They’d been together for years and were talking about getting engaged. Nobody had told them that wasn’t enough.

If You’re Single, This Is More Urgent, Not Less

One of the most persistent myths in estate planning is that single people without children don’t need to worry about it. The logic being: there’s no family to protect, so what’s the risk?

The risk is that nobody has automatic authority to act for you.

If you’re single and something happens, there’s no spouse or partner to step in. There’s no legal framework that puts your best friend in charge of your care, even if that’s exactly what you’d want. Without a properly documented personal directive, medical professionals are left navigating next-of-kin rules and guessing at your wishes. Without an enduring power of attorney, your parents may find themselves trying to manage your apartment, your accounts, and your obligations without any legal standing to do so.

And if you die without a will? Your assets go to your closest relatives under provincial law. If you’d rather see your money go to friends, chosen family, a partner you weren’t legally married to, or a cause you cared about, that won’t happen unless you’ve put it in writing.

Being single isn’t a reason to skip this. It’s a reason to get it done sooner.

If You’re in a Common-Law Relationship, Read This Twice

One of the biggest misconceptions in estate planning is the idea that common-law partners automatically have the same legal rights as married spouses. In reality, the rules vary widely across Canada. In some provinces, a surviving common-law partner may have limited rights or no automatic inheritance rights at all without proper estate planning in place.

If you and your partner aren’t married and one of you loses capacity, the other doesn’t automatically have authority to manage finances or make medical decisions. If one of you dies without a will, the surviving partner may have no automatic right to the estate at all, regardless of how long you’ve been together or how intertwined your lives are.

This isn’t a criticism of common-law relationships. It’s a gap in the law that catches people completely off guard. The fix is simple: get the documents in place now, while everything is fine and there’s no urgency, because urgency is exactly when you don’t want to be sorting this out.

If You Have Young Children, There’s No More Waiting

If there’s one group of young adults for whom this is truly urgent, it’s parents of minor children. Not just because of the financial side, though that matters too. Because of the guardian question.

If something happens to both parents and there’s no will naming a guardian, a court decides who raises your children. That court doesn’t know your family. It doesn’t know who you’d trust, who shares your values, who your kids already know and love. It makes a decision based on whatever information it has available, which without a will is very limited.

Naming a guardian doesn’t take anything away from anyone. It simply puts your voice into a decision that would otherwise be made without you.

If You Have No Children, Your Stuff Still Goes Somewhere

People who’ve chosen not to have children sometimes assume estate planning doesn’t apply to them because there’s no obvious heir. But an estate without a will doesn’t disappear. It goes to whoever provincial law directs it to, following a hierarchy that typically starts with a spouse, then parents, then siblings, then more distant relatives.

If none of that reflects what you’d actually want, a will is the only way to change it. Maybe you’d want to leave something to a close friend. Maybe to one sibling and not another. Maybe to an organization that mattered to you. None of that happens without a document that says so.

The Incapacity Piece Is the One Most Young People Miss Entirely

When young adults do think about estate planning, they think about wills. They think about what happens when they die. What they almost never think about is what happens if they’re alive but can’t make decisions for themselves.

That scenario, incapacity due to accident, illness, or injury, is statistically more likely to happen to a person in their 20s or 30s than death is. And the documents that handle it, an enduring power of attorney for financial decisions and a personal directive for healthcare and personal decisions, are completely separate from a will.

A will does nothing in an incapacity situation. The documents that matter are the ones that name someone to act for you while you’re still here but unable to speak for yourself.

The will that couldn’t help

When Priya died at 34, she had a will. Her executor found it, it was valid, and everything was in order. But Priya had been in a coma for six weeks before she died, and during that time her family couldn’t manage her finances or make medical decisions on her behalf, because she had no power of attorney and no personal directive. The will only came into effect after she was gone. For the six weeks she was still alive, the people who loved her were powerless.

Where to Start

None of this needs to be complicated at this stage of life. A basic will, an enduring power of attorney, and a personal directive are the foundation. They don’t need to be elaborate. They need to exist and to reflect your actual wishes and circumstances.

If you’re not sure where your planning actually stands, Designed or Default™ is a good place to begin. It’s a self-guided online tool that helps you take stock of what you’ve put in place intentionally and what might still be happening by default.

For the incapacity side, Who Speaks for You?™ and Your Voice, Your Care™ are both self-guided online tools that walk you through your power of attorney and personal directive decisions respectively. All three are jurisdiction-specific and designed to guide you through decisions most people haven’t thought about before.

The Bottom Line

“I’m too young for this” is a comfortable story. It lets you put it off without feeling irresponsible. But it’s not actually about age. It’s about whether the people who matter to you would be protected and supported if something happened today.

For most people in their 20s and 30s, the honest answer is no. Not because they don’t care, but because nobody told them this was already their problem to solve.

Now you know.

Visit our services page to see how we can help.

Watch our video here, or watch on our YouTube Channel:

Prefer a podcast? Listen here!

Please send us your questions or share your comments.

Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.

Hope Is Not a Strategy: Why a Will Is Not Enough

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: Older couple seated at a dining table at home, reviewing paperwork together in a calm conversation about estate planning and decision-making.

Estate Planning Needs More Than Good Intentions

“Hope is not a strategy” is one of those phrases that sticks with you because it’s true.  And it’s especially true in estate planning.

Most people don’t avoid planning because they’re irresponsible. More often, they avoid it because life is full, the conversation is uncomfortable, and there’s a belief that there’s still time. They mean to get to it. They assume the people closest to them will know what to do. They trust that if something happens, things will somehow come together.

That kind of hope is understandable. It’s also where trouble often starts.

In estate planning, hope tends to show up in subtle ways. Someone hopes their spouse will be able to deal with the bank if needed. They hope their adult children will work well together. They hope doctors will know who to turn to. They hope that because a will has been signed, the important things are covered.

But hope isn’t a plan, and it certainly isn’t legal authority.

Brian’s Experience

When Brian’s wife Carol had a stroke at 64, he assumed he could step in and manage their finances while she recovered. They’d been married 38 years. But several accounts were in Carol’s name only, and without an enduring power of attorney, the bank had no legal basis to give him access. The weeks that followed were consumed by urgent legal steps he never anticipated, at a time when his only focus should have been Carol.

A will is important, but it only takes effect after death. It doesn’t help during incapacity. If you’re still alive but unable to manage your finances, understand documents, or communicate medical wishes, a will does nothing to bridge that gap. That’s where many families get caught off guard. They discover, often in the middle of stress, that the document they thought covered everything was never meant to handle the situation they’re actually facing.

That’s why estate planning has to be broader than a will. It has to include the possibility that life may become complicated before life is over.

An enduring power of attorney is part of that broader planning. It allows you to choose who can step in to deal with financial and legal matters if you no longer can. Without it, even a devoted spouse or capable adult child can run into barriers at exactly the wrong time. The issue isn’t usually a lack of willingness. Families are often very willing to help. The issue is that willingness and authority aren’t the same thing.

The same is true of a personal directive or medical directive. This is where you name the person who should make personal or healthcare decisions if you cannot, and where you can leave guidance about your wishes and values. That kind of clarity matters. It doesn’t remove the emotion from difficult situations, but it can prevent people from being left in the dark, trying to make deeply personal decisions without knowing whether they’re honouring your intentions or simply guessing.

Why Clarity Matters

When David’s mother Elaine was admitted to hospital after a fall, the medical team needed someone to direct her care. There was no personal directive and no named decision-maker. David and his sister had different ideas about what their mother would have wanted, and the disagreement was painful for everyone. David later said the hardest part wasn’t the grief. It was never quite knowing if they’d gotten it right.

That’s one of the hardest parts for families. They’re already under strain, and now they’re being asked to interpret silence.

If you already have a will in place, that’s an important start. But if your enduring power of attorney, personal directive, and the practical details around your planning haven’t been reviewed, there may still be gaps that could create unnecessary stress later.

If you’re not sure whether your plan fully covers incapacity, not just what happens after death, this is exactly the kind of gap worth paying attention to. I offer a planning review specifically designed to find those gaps before they become problems. Find out what yours might be missing.

People sometimes treat these documents as if they’re secondary, but they’re not. They’re part of the real structure of a plan. A will speaks to what happens after death. These other documents speak to what happens if help is needed during life. Both matter. Both protect. Both reduce the risk that your family will be left trying to solve problems in real time without authority or direction.

What often gets overlooked is that incomplete planning creates more than inconvenience. It creates burden. It places pressure on the very people you’d most want to protect. Instead of being able to focus on care, support, and decision-making, they can find themselves chasing information, encountering resistance, and trying to piece together what should have been made clear in advance.

That’s why this kind of planning isn’t just about paperwork. It’s about reducing uncertainty. It’s about giving the people around you a clearer path to follow if something changes. It’s about recognizing that a difficult situation becomes even harder when no one knows who has authority, where documents are, or what the plan was meant to be.

There’s also an emotional resistance built into all of this. These documents ask people to think about vulnerability. They require us to imagine a time when we may need help, may not be able to speak for ourselves, or may not be able to manage the practical parts of life in the way we always have. It’s much easier to put that off. It’s much easier to tell ourselves there’ll be time later.

Sometimes there is. Sometimes there isn’t. That’s why hope, by itself, isn’t enough. Hope is a feeling. Planning is a decision.

You can hope your enduring power of attorney is never needed. You can hope your personal directive stays tucked away untouched. You can hope your family never has to step into those roles. But if life takes a turn, it will matter that the documents are there and that someone can act with clarity, confidence, and proper authority.

That’s what good planning does. It doesn’t remove every difficulty, but it does make a hard situation less chaotic. It gives structure to uncertainty. It gives guidance where there might otherwise be confusion. It gives the people around you something stronger than assumption.

A will remains essential. It just isn’t the whole plan. If your planning has focused only on what happens after death, and not on what happens if help is needed during life, there may be more work to do. That’s not a failure. It’s simply a reminder that estate planning is bigger than many people realize.

Because when it comes to incapacity, family responsibility, and decision-making under pressure, hope isn’t a strategy. Preparation is.

Visit our services page to see how we can help.

Watch our video here, or watch on our YouTube Channel:

Prefer a podcast? Listen here!

Please send us your questions or share your comments.

Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.

 

Estate Planning Secrets: Design or Disaster?

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Estate Planning Secrets: Design or Disaster?

Estate Planning: By Design or By Disaster?

Estate planning is something most of us know we should do, yet many avoid. Some think it only matters at the very end of life, while others feel it’s too complicated to tackle now. The truth is, estate planning isn’t just about death; it’s about how you live today, how you protect yourself if something happens tomorrow, and how you prepare your loved ones for the future.

Whether you choose to plan or not, your estate will eventually be settled. The only question is: will it be handled by design…or by disaster?

Planning by Design

When you approach estate planning by design, you make conscious choices about your future and your legacy. This means having a valid will, an enduring power of attorney, and a personal directive in place. But design goes further than just those documents. It’s about organizing your financial records, accounts, and personal wishes so your family isn’t left with uncertainty.

Estate planning by design also includes practical steps like keeping a current list of digital assets and passwords; naming beneficiaries on insurance, RRSPs/RRIFs, and pensions; and confirming those designations align with your overall plan. Too often, people update a will but forget to update beneficiaries, a mismatch that can create conflict or unintended outcomes since beneficiary designations are the final word. Planning by design ensures every piece works together smoothly.

Most importantly, estate planning by design provides confidence for today. You know your healthcare decisions will be respected, your assets will be protected, and your family will be cared for. It removes guesswork during already stressful times and gives you the peace of mind that comes from being prepared.

The real benefit of estate planning isn’t just what happens later — it’s the peace of mind you gain now.

Planning by Disaster

On the other hand, when estate planning is ignored, disaster often follows. Without a valid will, your estate may be divided according to provincial law, not according to your wishes. Without powers of attorney or a personal directive, loved ones may have to apply to the courts for authority to act. These delays can leave bills unpaid, accounts frozen, or medical decisions stalled while the legal process catches up.

Planning by disaster doesn’t only cause financial hardship. It often leads to confusion, conflict, and even fractured family relationships. Siblings may argue over what “Mom would have wanted.” Common-law partners may discover they have fewer rights than they assumed. Families can end up spending thousands on legal fees that could have been avoided with some basic planning.

And it’s not just large estates that get tied up. Even modest estates can trigger tension when there’s no plan. Items of deep sentimental value , like a wedding ring, family photographs, a cottage, can spark disagreements that linger for years, overshadowing the very memories they’re meant to preserve.

Estate Planning Is About Living Well Now

Too often, estate planning is framed as a task you’ll do “later.” But it’s really a tool for living well now. An effective plan touches every part of your life:

  • Your health: A personal directive ensures your medical choices are honoured if you can’t speak for yourself, reducing stress for your family in a crisis.
  • Your finances: An enduring power of attorney safeguards your assets during incapacity so someone you trust can pay bills, manage investments, and keep daily life running.
  • Your family relationships: Clear instructions reduce conflict. Instead of debating what you “might” have wanted, loved ones can focus on supporting one another.
  • Your legacy: A well-structured will and coordinated beneficiary designations let you pass on what matters — to people and causes you choose — with clarity and respect.

Don’t think of estate planning as paperwork for the end — think of it as a life plan that helps you live with clarity and confidence today.

Design or Disaster: The Choice Is Yours

The question isn’t whether your estate will be planned.  It’s who will do the planning. If you don’t decide, the courts and provincial laws will do it for you, and the results may be very different from what you would have chosen.

The choice is stark: you can plan by design, creating order, clarity, and peace of mind. Or you can leave things unprepared and risk disaster — conflict, confusion, and stress for the people you care about most.

Every step you take today, no matter how small, helps prevent tomorrow’s disasters. Start by reviewing your will, updating beneficiary designations, organizing key documents, and speaking with a professional about your options.

Taking the Next Step

Estate planning doesn’t need to be overwhelming, and you don’t have to navigate it alone. With the right guidance, you can make decisions that reflect your life, your values, and your family’s needs. Whether your situation is simple or complex, getting started is the most important step.

Visit NEXsteps.ca to discover how I can help you can build an estate plan by design: one that protects your future and eases the burden on those you leave behind.

Visit our services page to see how we can help.

Watch our video here, or watch on our YouTube Channel:

Prefer a podcast? Listen here!

Please send us your questions or share your comments.

Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.

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