Living Will Newfoundland: How to Make One Under the Advance Health Care Directives Act

Newfoundland Doesn't Call It a Living Will

If you search for "living will" in Newfoundland and Labrador, you won't find that term in any provincial legislation. The legal instrument that documents your healthcare wishes is called an Advance Health Care Directive (AHCD), governed by the Advance Health Care Directives Act, 1995.

The distinction matters more than semantics. A generic "living will" template downloaded from a U.S. or national Canadian website won't satisfy the specific execution requirements in this province — and an improperly executed document is legally void.

What an AHCD Actually Does

An Advance Health Care Directive lets you do two things:

1. Write out your treatment preferences — which medical interventions you want, which you refuse, and under what clinical circumstances those instructions apply.
2. Appoint a Substitute Decision Maker (SDM) — the person authorized to make healthcare decisions on your behalf if you lose the capacity to decide for yourself.

The AHCD only covers healthcare decisions. It has zero authority over your bank accounts, property, or financial affairs. For financial matters, you need a completely separate document — an Enduring Power of Attorney under the Enduring Powers of Attorney Act, RSNL 1990 c E-11. Many people assume one document covers everything. It doesn't in this province.

Who Can Create One

Any person aged 16 or older who understands their health conditions and the consequences of their choices can create a valid AHCD. This is lower than the province's age of majority (19), which sometimes surprises people.

Newfoundland also has a "mature minor" provision: a person under 16 can execute a valid directive if a clinical assessment confirms they understand the implications. However, anyone you appoint as your SDM must be at least 19 years old.

The Execution Requirements That Trip People Up

This is where the majority of DIY mistakes happen. For your AHCD to be legally valid:

• You must sign it in the physical presence of two independent witnesses.
• Neither witness can be your appointed SDM or the SDM's spouse.
• Your SDM must sign a written acceptance directly on the document — unlike most other provinces where acceptance is assumed.
• The document must be written, dated, and signed. Oral instructions have no legal standing.

If you can't physically sign, a designated representative can sign for you, but that representative cannot be the SDM or the SDM's spouse, and both witnesses must observe the signing. A separate affidavit confirming the document was explained to and understood by you is also required.

No notary or lawyer is legally required, though legal counsel can help ensure your instructions are specific enough to hold up clinically.

The Green Sleeve Step Most People Miss

Here's the gap that separates a legally valid AHCD from one that actually gets followed in an emergency: the Green Sleeve.

Newfoundland's clinical system uses a Goals of Care Designation (GCD) framework. Your attending physician translates your values into one of three designations — Resuscitation (R), Medical Care (M), or Comfort Care (C). The Green Sleeve is a highly visible green plastic pocket, typically stored on your refrigerator door, containing your active GCD order, your AHCD, and an emergency contact sheet.

Paramedics are legally mandated to perform full CPR unless they physically retrieve the Green Sleeve. If your AHCD is sitting in a desk drawer — even if it's perfectly executed — emergency responders won't know it exists.

Request a Green Sleeve from your family physician, community health clinic, or NL Health Services. Then ensure your attending physician has reviewed your AHCD and issued a matching GCD order.

Where to Distribute Your Completed Directive

Once your AHCD is properly executed:

1. Submit the original to NL Health Services — deliver it to your local hospital, family physician, or long-term care facility for integration into your electronic medical chart.
2. Give copies to your SDM and close family members.
3. Carry an emergency wallet card noting that you have an AHCD and listing your SDM's contact information.
4. Place the document in your Green Sleeve on your refrigerator door.

Don't lock the original in a safety deposit box — emergency personnel can't access it during a crisis.

No Reciprocity for Out-of-Province Documents

This catches many people who move to Newfoundland from another province. The Advance Health Care Directives Act contains no reciprocity provisions. If you become incapacitated in Newfoundland with only an Ontario or Alberta directive, your document is legally ineffective here. Healthcare providers must default to the statutory list of nearest relatives to appoint an SDM, completely bypassing any proxy you named in your out-of-province document.

If you've recently moved to NL, executing a new, province-specific AHCD should be near the top of your to-do list.

Your Next Step

Putting together a valid Advance Health Care Directive in Newfoundland involves more than filling in a template — you need to navigate witness restrictions, SDM acceptance requirements, Green Sleeve integration, and the GCD clinical workflow. The Newfoundland and Labrador Advance Directive & Living Will Kit walks you through every step with province-specific instructions, signing checklists, and distribution trackers built around how the NL system actually works.

See more Newfoundland and Labrador guides →