Will power

The importance of the phrase "get it in writing" could not be more relevant than when referring to a will. When the late Terri Schiavo entered into a persistent vegetative state and was unable to speak for herself, her loved ones were involved in a tug-of-war spanning 15 years because there was no "living will" documenting her wishes. What should have been a private matter turned out to be a well-publicized legal battle, resulting in courts supporting her husband's wishes to take her off life support, over those of her parents.

What many people don't know, explains Tom Carter, lawyer and author of the book, Write Your Legal Will in Three Easy Steps (Self-Counsel Press), is that in addition to a will, there are two pre-death planning documents: the Advanced Healthcare Directive and the Enduring Power of Attorney. In essence, drawing up a will allows you to plan for your future -- in life and in death.

The will
Commonly referred to as The Last Will and Testament, it is a document with powers that are triggered by your death. In it, you express your wishes about what is to happen with your property and any other assets. The document can be held for safekeeping in your lawyer's office, a safety deposit box at your bank or any other secure spot where you feel it can be easily found. A will should be revisited every five years, or whenever there are major changes such as a divorce, marriage, new children, parting of ways, etc., that would prompt an adjustment to be made to your will. In this case, a Codicil (change document) can be completed, rather than writing a new will from scratch.

Advanced Healthcare Directive
This is known as the Living Will in the United States. In Canada the generic term is Advanced Healthcare Directive. This is a personal care, pre-death document and varies in name depending on province. In Ontario it is called Power of Attorney for Personal Care, in British Columbia, a Representation Agreement, and in Alberta it is called Personal Directive. This document's powers are triggered by an incapacity caused by an unforeseen health crisis such as a stroke, heart attack, accident, Alzheimer's, or any other mental or physical disability that deems you unable to make decisions about your personal care and healthcare. In this document you designate who you would like to make important decisions concerning your medication, hospitalization, living arrangements. The document also includes specific instructions that describe your wishes to be -- or to not be -- kept alive by any artificial or mechanical means, such as a ventilator or feeding tube or by any life-support equipment or other heroic measures.