Written by Ron Cooke, President & Founder of Strategic Wealth Protection Partners in Ontario
Living Wills In Ontario
What is a living will in Ontario? How does it work? And do I need one?
In this post, I’ll answer all your questions about living wills so you can get started writing your will. But first, keep in mind that a will is not an estate plan. A will won’t prevent excessive taxation or probate fees. If you have multiple properties, a business, or substantial investment accounts, you should work with an estate planning expert who can help minimize taxes and fees on your estate.
Table of Contents
- What Is A Living Will In Ontario?
- Why Do You Need a Living Will?
- Living Will vs. Personal Directive vs. Power of Attorney
- What Should I Include In a Living Will?
- How Can I Make a Legal Living Will In Ontario?
- How Can I Ensure My Doctor Follows My Living Will?
- Do I Need a Lawyer or Witness for a Living Will?
- How Much Does a Living Will Cost?
- Is a Living Will Valid Outside Ontario?
- Common Questions about Living Wills in Ontario
What Is A Living Will In Ontario?
A Living Will in Ontario is a written statement that outlines the medical care you want—or don’t want—if you become unable to speak for yourself.
It’s about preserving your dignity, protecting your wishes, and giving your loved ones the gift of certainty during a medical crisis. While Ontario doesn’t require a specific legal form called a “Living Will,” your clearly written wishes are respected and followed by your healthcare team when you’re unable to communicate.
This is more than a document—it’s your voice in moments when it matters most. Without it, your family could be left overwhelmed, uncertain, or even divided over what decisions to make. But with it, they can act with confidence and peace, knowing exactly what you would have wanted.
You should plan your Living Will now…
Because your care should reflect your values.
Because peace of mind comes from planning, not guessing.
Because it’s not just about how you die—it’s about how you’re treated while you live.
Taking time to write down your wishes now may one day become the kindest act you leave behind.
Why Do You Need a Living Will?
A living will in Ontario isn’t just a document—it’s a shield for your loved ones during one of life’s most difficult moments.
It speaks when you cannot. Without it, your family may be left paralyzed with uncertainty or burdened with guilt over making the “right” decision.
You need a living will because silence leads to confusion—but clarity leads to peace. Give your loved ones the gift of knowing exactly what you would have wanted. Book your estate planning consultation today because life is unpredictable.
Living Will vs. Personal Directive vs. Power of Attorney
In Ontario, we don’t use the term “Personal Directive” like other provinces do. Instead, you’ll need two distinct but powerful tools:
- A Living Will, which outlines the kind of medical treatment you do or do not want.
- A Power of Attorney for Personal Care, which appoints someone to make healthcare decisions on your behalf if you’re unable to.
Think of these as your voice and your advocate. Together, they ensure you’re treated the way you would choose—not how someone else guesses you would have wanted. Let’s make sure yours are both written and aligned.
What Should I Include In a Living Will?
What do you want your care to look like when you can’t say the words yourself?
Your living will should cover medical decisions such as resuscitation, feeding tubes, life support, and pain management—but it should also reflect your values.
Describe what quality of life means to you.
Explain your beliefs around dignity and suffering. These are sacred instructions—crafted with purpose, love, and foresight. This is your chance to speak to your care team and your family with perfect clarity. Let’s write it together.
How Can I Make a Legal Living Will In Ontario?
In Ontario, there is no official legal form required for a living will.
A properly written and signed statement that clearly outlines your wishes is enough. You can also include it as part of your Power of Attorney for Personal Care, which strengthens its legal weight.
The key isn’t the form—it’s the clarity and communication. Your instructions must be shared with the right people and stored in accessible places.
Start this now—while you’re healthy—so your care isn’t left to chance.
How Can I Ensure My Doctor Follows My Living Will?
Doctors in Ontario are obligated to follow your known and applicable wishes—but only if they have access to them. Your living will should be clear, concise, and available to your healthcare providers.
Here’s how to make it work:
- Provide a copy to your doctor and hospital
- Share it with your Power of Attorney for Personal Care
- Keep a copy with your estate plan and notify your family
Your voice is only heard when your plan is visible.
Do I Need a Lawyer or Witness for a Living Will?
A living will in Ontario does not legally require a lawyer or witness—but that doesn’t mean you should write one alone.
Many people unintentionally create vague, contradictory, or unenforceable instructions that get challenged or ignored.
Your wishes matter deeply.
Because no one should have to guess what you want during a medical crisis—book your planning session with us now and we’ll help you build a document that’s respected, clear, and strong.
How Much Does a Living Will Cost?
Creating a living will on your own might cost nothing—but the cost of doing it incorrectly can be enormous.
A poorly written or incomplete document could lead to family disputes, medical confusion, and care that doesn’t align with your values.
In Ontario, a living will—often included as part of a Power of Attorney for Personal Care—can vary in cost depending on how it’s prepared and who assists with it.
Here’s a general breakdown:
| Method of Preparation | Estimated Cost (CAD) | Details |
|---|
| Do-it-yourself (DIY) | Free – $50 | Forms are available online or through legal stationery. May not be personalized or reviewed for legal accuracy. |
| Online legal service | $50 – $150 | Platforms like Willful or LegalWills.ca provide guided templates. |
| Lawyer-prepared | $150 – $500+ (often part of a package) | A lawyer will customize the document to your specific needs and ensure it’s legally sound. Often bundled with wills and other POAs. |
At SWPP, your living will is part of a holistic estate strategy that also helps reduce taxes on your estate, avoid probate fees, and protect your legacy. Our Living Estate Plan costs $500 if we’re unable to save your family $50,000 or more through our planning process. If you’re based in Ontario, schedule a call to learn more.
What is peace of mind worth to you?
Is a Living Will Valid Outside Ontario?
A living will made in Ontario may not be automatically valid in other provinces or countries.
Laws vary—and so should your strategy. If you’re a snowbird, cross-border business owner, or simply travel often, your plan needs to be flexible and portable.
Don’t let borders create barriers to your wishes.
We’ll help you build an estate plan that adapts to your lifestyle—so your voice is protected no matter where life takes you.
Common Questions about Living Wills in Ontario
How is a living will different from a last will and testament?
A living will outlines your healthcare wishes while you’re still alive but unable to speak for yourself. A last will and testament only takes effect after your death to direct how your assets are distributed.
Are advance care directives considered legally binding documents in Ontario?
Yes. As long as your wishes are clearly written, made voluntarily, and you are mentally capable at the time, they are respected by healthcare providers in Ontario.
How do I create a health care directive, and who should be involved?
You can write your healthcare directive in plain language, clearly outlining your care preferences. It should involve your Power of Attorney for Personal Care, your doctor, and anyone else who may need to advocate for your wishes.
Can I specify my wishes about artificial life support in a living will?
Absolutely. You can clearly state whether you want or do not want life support, ventilators, feeding tubes, or other interventions.
Do health care providers have to follow my living will?
Yes—if your wishes are clear and applicable, doctors and hospitals in Ontario are legally and ethically required to follow them.
How does a living will help my family members make decisions about my personal care?
It removes guilt, guesswork, and the emotional weight of “What would they have wanted?” Your living will gives them certainty, and that certainty becomes a lasting gift.
Can I update my advance directive if my health situation changes?
Yes. You should regularly review and update your directive to reflect any changes in your health, beliefs, or care preferences.
What happens if I don’t have a health care directive in place?
Your loved ones may be left to make painful decisions without guidance, and medical staff may default to treatments you wouldn’t have chosen. Uncertainty in those moments can be devastating.
Should I consult legal professionals when drafting my living will?
It’s not required—but highly recommended. A professional ensures your directive is clearly written and fits within your full estate plan.
Why is it important to seek legal counsel when creating a living will?
Because clarity protects your wishes. Because legally sound documents carry more weight. Because your future deserves more than a template.
Key Takeaways:
- Professional guidance ensures your plan is honoured—and your legacy protected.
- A living will speaks for you when you can’t, ensuring your care aligns with your values.
- In Ontario, your advance care wishes are respected when clearly written and shared.
- Your Power of Attorney for Personal Care should be aligned with your living will.
- You can and should update your directive as your life and health evolve.
A Will Isn’t Enough to Protect Your Family’s Inheritance
Writing a will is a crucial step, but it’s just the beginning.
A will only states who gets what, but it doesn’t help you minimize estate taxes, avoid probate fees, or prevent legal delays.
In Ontario, probate fees (Estate Administration Tax) and capital gains taxes on properties can take a significant portion of your estate. If you own multiple properties, the financial burden could be even greater, forcing your loved ones to sell assets just to cover unexpected costs.
Without proper estate planning, your family could receive far less than you intended. The good news? There are strategies to protect your wealth—but they must be set up before it’s too late.
Keep Your Wealth in the Family with Proper Planning
A well-structured estate plan does more than just pass on your assets—it ensures your wealth stays in the family.
By using tools like trusts, life insurance, and gifting strategies, you can:
✅ Reduce or eliminate probate fees
✅ Minimize capital gains taxes on real estate
✅ Prevent legal disputes and family conflicts
Without these safeguards, your loved ones may face delays, unnecessary legal battles, and financial strain. A strong estate plan gives you peace of mind, knowing that your family will be cared for and your legacy will be protected exactly as you intended.
Schedule a Living Estate Plan Consultation
Planning your legacy is about more than numbers—it’s about ensuring your family remembers you and your values are honoured for many years to come.
Estate planning and trusts can feel overwhelming, especially if it’s your first time. That’s why we’re here.
With our simple, 5-Step Living Estate Plan, we make the process easy, helping you create a comprehensive estate plan or trust that protects your assets from taxes and probate fees while preserving your legacy. Tools like The Final Word Journal capture your story, wishes, and essential details like accounts and end-of-life plans, ensuring your family has clarity and comfort.
Take the first step today—schedule a consultation call and give your family the ultimate gift: peace of mind and the assurance they were always your priority.
Read More
If you’re writing a will, you may find these articles helpful:
- Is a Living Trust Better than a Will in Canada?
- Living Trust vs a Will in Canada
- How to Avoid Inheritance Tax in Canada
About the Author
RON COOKE, PRESIDENT & FOUNDER OF STRATEGIC WEALTH PROTECTION PARTNERS
With over 30 years in financial services, I’ve seen the challenges families face when a loved one passes—lost assets, unnecessary taxes, and emotional stress. That’s why I created the Living Estate Plan, a comprehensive process to protect assets, eliminate estate and probate fees, and create legacies that are remembered for many years to come.
This plan ensures your family receives not just your wealth, but a meaningful reminder of your care and love. Tools like The Final Word Journal capture your story, wishes, and essential details, offering clarity and comfort during difficult times.
Your final gift should be more than money—it should be peace of mind, cherished memories, and an organized estate.
Schedule a Call
Schedule a 30-minute consultation call with Strategic Wealth Protection Partners.
Click HERE to schedule a consultation.
