Planning for End-Of-Life Decisions in the Face of COVID-19

April 6, 2020

As the death toll of the coronavirus pandemic mounts and we face a bombardment of uncertainty in our lives, there is still one thing that is within our realm of control:  ensuring that we have a proper plan in place in case we are one of the unfortunate statistics faced with serious illness or possible death.

Of course, this has always been something that you “should” have in place, but do you?  And if you have been diligent enough to make these plans, does it properly address the pandemic that we are currently facing?

THIS (a proper estate plan) is something that you DO have control of – and I encourage you to exercise that control for peace of mind. 

We are now in a time where discussion should be had (at the dinner table, over FaceTime, or otherwise AS WELL AS in documented form) about serious illness and death.  Your wishes about unwanted care, such as cardiopulmonary resuscitation (CPR) or mechanical ventilation, need to be known within your circle of trust.  You need to ensure that you get the care that is right for you, as well as to remove as much stress as possible for your substitute decision-makers if they need to fill that role. 

Besides health care, a proper estate plan will allow for the continuation of the management of your affairs in the event that you become incapacitated (by COVID-19 or otherwise) and/or quarantined.  Thus, everyone should have a proper Personal and Property Power of Attorney in place – just in case.  The alternative of your family making an application for an adult guardianship order over you can take months and can cost thousands of dollars.  This is just not workable in our current state of affairs.

And, for those who, unfortunately, don’t make it out of this pandemic alive, the least that can be done for your families and loved ones is to have a proper Will in place.  This will, quite simply, make things easier for them in an already increasingly more difficult world.  We, as humans, are great at putting this off, however, now is the time to stop that train of thought and get this done.  THIS IS SOMETHING THAT YOU CAN CONTROL.  No more excuses. 

About the Author:

Nikki is a partner in the Saskatoon office where she assists numerous clients with finance, commercial land transactions and general business matters.

About McKercher LLP:

McKercher LLP is one of Saskatchewan’s largest, most established law firms, with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have helped our firm to rank in the top 5 in Saskatchewan by Canadian Lawyer magazine (2019/20). Integrity, experience, and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions.

This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances.  Counsel should be consulted concerning your own situation and any specific legal questions you may have.

For more information and resources regarding COVID-19 visit www.mckercher.ca/covid-19

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