alt said:
Well .. there you go. Thanks for looking it up. I haven't heard of it before, so it may be an uncommon thing here, but perfectly sensible it seems. My wife, in addition to your 1 & 3 in your earlier post, has something called (from memory) a Guardianship document, which (from memory) specifies the parents wishes concerning final care, etc. Maybe that's got something to do with it ? Maybe not ? Anyway, I'll really check out your link.
Might well be something like, yes.
alt said:
As an aside, your ..
The courts here, in Alberta, Canada, made a legal decision about the words "Living Will" hence calling it "A Personal Directive".
.. is puzzling on first apearances, it seems to me. After all, 'Will', is just that - a persons will, and would apply to the living as well as the deceased. Take for instance 'the will of the people' etc. I wonder why the courts you mentioned, decided against that term ?
The word "will" as you are using it is a verb with a different meaning than "a Will" which is a noun and refers to a specific document. The document that is called "a Will", as I mentioned earlier, is a legal document and a binding contract. All contracts have what they call a "trigger mechanism", meaning something that makes the contract kick into gear. Generally, performance is one of those things that makes a contract kick in or start functioning.
Think of it this way, if you have an agreement with someone, ie: a contract, the agreement begins or takes place when one or both of you takes action on it or a term of the agreement occurs. For instance, you likely purchase insurance for various things, your car, your home, etc. It's a contract and it has conditions that must be met in order for the contract to spring into action. If those conditions never happen, the contract just sits there not acting in any way. So, if a condition is met -- a trigger mechanism occurs -- such as you get into a car accident, then the terms of your car insurance kick into gear. They begin to happen. If a trigger mechanism doesn't happen, then the terms of the contract don't actively affect either party. I hope that's a clear explanation.
So, with the noun, "Will", the trigger mechanism, the action that's taken, or occurs, that makes the contract kick into gear is death. That's what's got to happen to cause the terms of that document to spring into action. If you don't die, then the terms of your Will don't come into play in your life.
The courts here decided that "Living Will" then, didn't make any sense as a term for a medical directive and that it was legally confusing. You'd be better off calling it a "non-Will" then, because it's a contract dealing the terms of your medical care while you're alive. The trigger mechanism of a "Will" is death, so if that's the requirement of a Will coming into action, then how you do define the "Living" part of the "Now That I'm Dead" document?
I guess our courts have too much time on their hands. Anyway, they could have as easily called it a medical directive, except that its scope is a little broader than that -- such as which care facility you'd like to live in if it came to that -- so they didn't want to restrict the powers of the document with its name. Hence, Personal Directive.