Free British Columbia Living Will | Template & Guide

A British Columbia Living Will is often searched when someone has watched a parent, spouse, or close friend go through a medical crisis and realised that verbal conversations about end-of-life care aren’t always enough. In BC, the rules around advance directives are detailed, and a document that misses the witness requirements or contains vague treatment instructions may not be relied on when health-care decisions have to be made quickly.

I’ve seen families arrive at hospital with a downloaded form they believed settled everything, only to discover the document couldn’t clearly guide treatment because it wasn’t prepared in a way that met the requirements of the Health Care (Consent) and Care Facility (Admission) Act. The confusion usually comes from treating a living will as the same thing as a Representation Agreement, when each serves a different purpose in BC incapacity planning.

This page explains how a British Columbia Living Will works, the signing requirements that matter, and how it fits alongside other advance care planning documents used in the province.

Last Updated: September 2026 

Free British Columbia Living Will Template

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Below is a simple, general-purpose template you can use to write your healthcare wishes. It is suitable for basic planning but may not cover complex situations.

British Columbia Advance Directive Laws You Cannot Ignore

Topic / Issue	British Columbia Legal Rule	Governing Statute
Legal Status of “Living Will”	The term “living will” is not the statutory name used in British Columbia. An Advance Directive is the statutory document for giving or refusing consent to health care, while a Representation Agreement can authorize a representative to make or help make decisions within the authority granted by the agreement.	Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181; Representation Agreement Act, R.S.B.C. 1996, c. 405
Governing Legislation	Advance Directives are governed by Part 2.1 of the Health Care (Consent) and Care Facility (Admission) Act.	Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181
Who Can Legally Sign	The adult must sign and date the Advance Directive in accordance with section 19.5. If the adult is physically incapable of signing, another person may sign on the adult’s behalf while the adult is present and directs the signing.	Health Care (Consent) and Care Facility (Admission) Act, s. 19.5
Witness Requirements	An Advance Directive generally requires two witnesses. Only one witness is required if the witness is a lawyer or a member in good standing of the Society of Notaries Public of British Columbia.	Health Care (Consent) and Care Facility (Admission) Act, s. 19.5
Disqualified Witnesses	A person who provides personal care, health care or financial services to the adult for compensation generally cannot act as a witness, subject to the statutory lawyer and notary exception. The Act also restricts certain related persons, employees, agents, non-adults and certain persons who cannot understand the adult’s type of communication.	Health Care (Consent) and Care Facility (Admission) Act, s. 19.5
Notarization Requirement	The Act does not generally require notarization or commissioning for an Advance Directive. A lawyer or BC notary may, however, act as the single witness under section 19.5.	Health Care (Consent) and Care Facility (Admission) Act, s. 19.5
Age Requirement	An adult must be at least 19 years old to make an Advance Directive in British Columbia.	Health Care (Consent) and Care Facility (Admission) Act
Capacity Requirement	The adult must have the capacity required by section 19.1 to understand the nature and consequences of the proposed Advance Directive, including the scope and effect of its health care instructions and the circumstances in which a person may or may not be chosen to make decisions about that health care.	Health Care (Consent) and Care Facility (Admission) Act, s. 19.1
Expiration Rules	An Advance Directive can be changed or revoked while the adult has the required capacity, and its instructions may not apply in certain circumstances set out in section 19.8.	Health Care (Consent) and Care Facility (Admission) Act, ss. 19.6–19.8
Mandatory Warning Statement	The Advance Directive must indicate that the adult knows that a health care provider may not provide health care the adult has refused in the directive, and that a person may not be chosen to make decisions about health care covered by those instructions, subject to the Act.	Health Care (Consent) and Care Facility (Admission) Act, s. 19.4
Filing or Registration	The Act does not require an Advance Directive to be filed with a government registry. The practical issue is making sure the people and health care providers who may need the document can locate it.	Health Care (Consent) and Care Facility (Admission) Act, Part 2.1
Invalid Witness Situations	A person who provides certain compensated personal care, health care or financial services to the adult generally cannot act as a witness, subject to the statutory exceptions.	Health Care (Consent) and Care Facility (Admission) Act, s. 19.5
Underage Signing	An adult must be at least 19 years old to make an Advance Directive in British Columbia.	Health Care (Consent) and Care Facility (Admission) Act
Direct Binding Effect	Where section 19.7 applies, a health care provider must follow an applicable consent or refusal in a valid Advance Directive, subject to the Act’s exceptions and the rules that apply when a representative has decision-making authority.	Government of British Columbia – Advance Directives
One-Witness Professional Rule	British Columbia permits one witness for an Advance Directive when that witness is a lawyer or a member in good standing of the Society of Notaries Public of British Columbia.	Health Care (Consent) and Care Facility (Admission) Act, s. 19.5

One of the biggest surprises for many British Columbia families is that the statutory document is an Advance Directive rather than a document called a “living will.” An Advance Directive can give or refuse consent to health care, but its effect depends on the instructions, the circumstances at the time, and the rules in Part 2.1 of the Health Care (Consent) and Care Facility (Admission) Act. I’ve seen situations where somebody carefully wrote out treatment wishes at home, but the document did not contain the required statutory elements or was too unclear to guide a particular decision.

The witness rules also catch people off guard. In real life, seniors often ask a paid caregiver or care facility employee to witness documents because those are the people nearby. Under BC law, certain compensated care, health-care and financial-service providers cannot act as witnesses, subject to the statutory exceptions. The Act also sets out other witness restrictions, so it is worth checking the requirements before signing.

A living will helps individuals record medical treatment preferences and end-of-life healthcare decisions in advance. To understand how these documents fit within broader estate planning arrangements, you can review the complete estate planning guide along with the advance care directive guide for British Columbia.

Types of Living Will & Advance Care Documents in British Columbia

In British Columbia, there is no single document called a “living will.” Instead, several legal tools work together. Each one serves a different purpose.

Representation Agreement (Section 9 – Standard)

A section 9 Representation Agreement can give a representative broader authority over personal care and health care, including specified authority to consent to or refuse certain health care, including life-supporting care.

• Covers major personal care and healthcare decisions within the authority granted
• Can be used for long-term incapacity planning
• Can give another person authority to make specified decisions on your behalf

Representation Agreement (Section 7 – Enhanced)

A section 7 Representation Agreement can authorize a representative to help make or make decisions about personal care, routine management of financial affairs, certain health care decisions, and certain legal matters.

• Useful for everyday planning
• Can cover routine financial affairs
• Can cover certain health care, personal care and legal matters within the statutory authority

Advance Directive

An advance directive is a written instruction directly to healthcare providers.

• No decision-maker is appointed by the directive for the covered instructions
• Where section 19.7 applies, healthcare providers must follow an applicable consent or refusal
• Useful if you want to give clear and specific treatment instructions

Do Not Resuscitate (DNR) Order

A DNR order is a very specific medical instruction.

• Tells doctors not to perform CPR
• Usually created with a healthcare provider
• Common in hospital or end-of-life care

A DNR or No CPR order is distinct from an Advance Directive, although the two can address related treatment wishes.

Combined Planning (Directive + Representative)

Many people in BC use both:

• An advance directive for clear instructions
• A representation agreement for decision-making authority within the scope of the agreement

Using both documents may be appropriate when you want written health care instructions as well as a representative who can make decisions within the authority granted by the Representation Agreement. Section 19.3 governs how the documents interact.

Quick Comparison Table

Document Type	Purpose	Decision Maker	Best For
Advance Directive	Written medical instructions	No representative appointed by the directive	Clear, specific wishes
Representation Agreement (S7)	Appoint a representative for statutory matters	Yes	Personal care, routine financial affairs and specified matters
Representation Agreement (S9)	Give broader authority for personal care and health care	Yes	Broader care and health care planning
DNR Order	No CPR instruction	No	Specific CPR decision
Combined Approach	Written instructions plus representative authority	Yes + No	Situations where both forms of planning are desired

Real-Life Use Cases

Understanding how these documents work in real life can make planning easier.

• A senior in Vancouver creates an advance directive to state specific treatment wishes.
• A young adult signs a representation agreement before traveling abroad.
• A person with a chronic illness sets clear limits on treatment.
• Parents help their adult child prepare documents before moving away.

These examples show that advance care planning is not just for older people. It is useful at any age.

Healthcare planning documents are often used together depending on the type of authority being granted. Some individuals also prepare a medical power of attorney form, while others compare these documents using the living will vs power of attorney guide.

Key Elements of a Valid Living Will (or Equivalent in BC)

Under British Columbia law, your document must meet certain requirements to be valid.

Clear Medical Instructions

Your wishes should be specific and easy to understand.

• Life support (yes or no)
• Feeding tubes or ventilation
• CPR decisions

Vague instructions can make it difficult to determine whether an Advance Directive applies to a particular treatment decision. Section 19.8 also addresses circumstances in which instructions do not apply, including where the instructions do not address the decision or are too unclear to determine the adult’s consent.

Identification Details

Include your full legal name and personal details.

This helps healthcare providers confirm your identity quickly.

Witness Requirements

An Advance Directive must be signed and witnessed according to its specific statutory requirements.

• Two witnesses are generally required
• One witness is sufficient if that witness is a lawyer or a member in good standing of the Society of Notaries Public of British Columbia
• Certain people are disqualified from acting as witnesses

Improper witnessing can prevent the document from satisfying the statutory requirements.

Consistency With Other Documents

If you use an Advance Directive and a Representation Agreement together, make sure you understand how they interact under section 19.3.

For example:

• Review the Advance Directive and Representation Agreement together
• Avoid giving instructions that undermine the plan you intend to create

Voluntary and Informed Consent

You must:

• Have the capacity required by section 19.1 to understand the nature and consequences of the proposed Advance Directive
• Make the decision voluntarily rather than through improper pressure

If the required capacity is absent when the directive is made, its validity may be challenged.

How to Create or Complete This Document

Start by deciding whether you want to give direct health care instructions, appoint a representative, or use both.

• Think about your healthcare values and wishes
• Decide if you want written instructions, a decision-maker, or both
• Choose the correct form or template
• Sign and witness it properly
• Share copies with family and healthcare providers

Do not keep it hidden. A document is only useful if the people who may need it know that it exists and can locate it.

When creating long-term legal planning records, individuals may also prepare a personal directive template to provide additional healthcare and personal care instructions.

Legal Overview in British Columbia

Under British Columbia law, advance care planning is governed by laws such as the Health Care (Consent) and Care Facility (Admission) Act.

Key points:

• Advance directives are legally recognized if they satisfy the statutory requirements
• Representation agreements are governed under separate legislation
• Healthcare providers must follow an applicable valid Advance Directive where the statutory requirements for following it are met

Important clarification:

The term “living will” is not the statutory name used in BC, but the concept of recording future healthcare wishes can be addressed through an Advance Directive and, where appropriate, a Representation Agreement.

Common Mistakes to Avoid

Many people make simple mistakes that reduce the effectiveness of their planning.

• Assuming a basic living will is enough in BC
• Not updating documents after major life changes
• Writing unclear or vague medical instructions
• Not informing family or doctors
• Creating multiple documents without considering how they interact

Avoiding these mistakes can save your family stress and confusion later.

Choosing the Right Living Will Option

Choosing the right option depends on your needs. Use this simple guide:

Your Goal	Best Option
Only want written instructions	Advance Directive
Want someone to decide for you	Representation Agreement
Want both written instructions and representative authority	Consider using both
Only concerned about CPR	DNR Order

 

The appropriate combination depends on whether you want to give direct health care instructions, appoint a representative, or use both. If both an Advance Directive and Representation Agreement are used, section 19.3 governs their interaction.

FAQs

Is a living will legally valid in British Columbia?

“Living will” is informal terminology in British Columbia. The province recognizes Advance Directives and Representation Agreements as legal personal-planning documents.

What is the difference between a living will and advance directive?

A living will is a general term used for written instructions about future medical treatment. An Advance Directive is the statutory document used in British Columbia to give or refuse consent to health care in accordance with Part 2.1 of the Health Care (Consent) and Care Facility (Admission) Act.

Do I need a lawyer to create one?

No, not always. A person can prepare an Advance Directive without hiring a lawyer, provided the document satisfies the applicable legal requirements. However, legal advice can be helpful for complex medical circumstances, multiple planning documents, or questions about capacity and the interaction between an Advance Directive and Representation Agreement.

Can I change or cancel my document later?

Yes. You can change or revoke an Advance Directive if you are capable of understanding the nature and consequences of the change or revocation. A change must be made in writing and signed and witnessed in the manner required by the Act.

Who should I give a copy to?

Give copies to:

• Family members
• Your doctor
• Your representative (if appointed)

You should also make sure the people who may need the document know where the current version is located.

What happens if I don’t have one?

If you become incapable and do not have an applicable representative or personal guardian, a health care provider may need to choose a temporary substitute decision-maker under section 16 of the Health Care (Consent) and Care Facility (Admission) Act, subject to the Act.