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How will the “right to die” impact the Power of Attorney?

How will the “right to die” impact the Power of Attorney?

By:

Posted April 20, 2015

The recent Supreme Court of Canada decision on the ‘right to die’ issue, known as “Carter v. Canada”, found the provisions of the Criminal code dealing with assisted suicide to be invalid, as being contrary to the Canadian Charter of Rights. Although the Court struck out that Criminal code section, the Court did not impose any framework for how the ‘right to die’ should be dealt with, legislative or otherwise. Therefore, it remains unclear how to deal with this major shift in the law in our day-to-day lives. Of importance will be, not only the ability of a person to give permission to have medication administered which ends his/her life, but also how that permission is given. One important question, unanswered as of yet, is as to whether a donor of a power of attorney for personal care will be able to provide, in advance by living will (see earlier blog), instructions for assisted suicide. Currently, such instructions would be invalid. We must wait to see whether any legislation or other medical guidelines will shed light on the ability to instruct assisted suicide by living will.

This blog post was written by Ted Mann, a Partner in the Wills and Estates, Real Estate, Business and Bankruptcy teams.    He can be reached at 613-369-0368 or at ted.mann@mannlawyers.com.

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Ted Mann (Retired)

Ted Mann (Retired)

As one of the founders of Mann Lawyers, I have been helping clients with real estate transactions, estate planning, estate matters and insolvency for over 30 years. I also have extensive commercial, corporate, and tax law experience. With every client I try to bring a fresh and creative approach, sensitive to your needs and circumstances, whether personal or business-related. I am also experienced in providing legal advice to individuals, same-sex couples, and organizations in the LGBTQ community. I graduated from Osgoode Hall in 1978 and was called to the Ontario Bar in 1980. I practiced law in Toronto and Prince Edward Island prior to moving to Ottawa in 1987.  I have practiced law here since then and am proud to call Ottawa home. Beyond my law practice, I am also passionate about life—enjoying swimming, pilates, skiing, kayaking and hiking. I am active in local theatre and music, frequently taking part... Read More

Read More About Ted Mann (Retired)

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