End-of-life planning in British Columbia involves more than preparing a will. And for individuals considering medical assistance in dying (MAID), estate planning takes on an added layer of legal and ethical complexity. MAID allows eligible adults to request medical assistance to end their life under strict legal safeguards. Understanding how MAID interacts with estate planning can help individuals protect their wishes, reduce family conflict, and ensure that their decisions are respected.

In a legal landscape that continues to evolve, staying informed is essential. This blog outlines key legal and practical considerations surrounding MAID and estate planning in BC, including eligibility, safeguards, and the intersection of end-of-life decisions with estate planning. It also highlights how principles such as autonomy guide these decisions and help ensure that an individual’s wishes are clearly documented and respected.

What Is MAID?

MAID refers to Canada’s legal framework for “medical assistance in dying”. It permits a physician or nurse practitioner, acting on a person’s voluntary and informed request, to intentionally bring about that individual’s death. MAID is most often provided through intravenous medication administered by a clinician or, less commonly, through oral medication that the patient self-administers.

MAID is a strictly regulated medical procedure governed by federal criminal law. Eligibility is determined individually in each case, and health care practitioners must comply with established safeguards to confirm consent, decision-making capacity, and the absence of coercion.

Legislative Background

Medical assistance in dying has been legal in Canada since June 2016, following the Supreme Court of Canada’s landmark ruling in Carter v. Canada. In response, the federal government introduced MAID through amendments to the Criminal Code, specifically sections 241.1 to 241.5. These provisions create limited exceptions to the general prohibition on assisted dying while setting out eligibility requirements, procedural safeguards, and related criminal offences.

In March 2021, Parliament enacted Bill C-7, which substantially modified the MAID framework. Most notably, it removed the requirement that a person’s natural death be “reasonably foreseeable.” This reform broadened eligibility and created a two-track system:

  • Track One applies to individuals whose natural death is reasonably foreseeable and involves fewer procedural safeguards.
  • Track Two applies to individuals whose death is not imminent and includes additional protections, such as extended assessment periods and enhanced evaluations of decision-making capacity.

Eligibility for MAID in Canada

To qualify for MAID under the Criminal Code, an individual must:

  • Be eligible for publicly funded health care services in Canada
  • Be at least 18 years of age and capable of making health care decisions
  • Have a grievous and irremediable medical condition
  • Make a voluntary request that is not the result of outside pressure
  • Provide informed consent after being advised of available alternatives

Under section 241.2(1), a “grievous and irremediable medical condition” refers to a serious and incurable illness, an advanced and irreversible decline in capability, and enduring physical or psychological suffering that the individual finds intolerable.

Autonomy, Vulnerability, and Undue Influence

Autonomy is the ethical cornerstone of MAID. The law emphasizes voluntary choice, informed consent, and respect for individual dignity. At the same time, MAID recognizes that individuals seeking assisted dying may be vulnerable due to illness, disability, or dependence on others.

This tension is especially relevant in estate planning. Decisions about MAID may occur alongside decisions about wills, beneficiaries, or executor appointments. This raises legitimate concerns about undue influence, especially where family members or caregivers stand to benefit financially.

Courts in BC already scrutinize wills made under suspicious circumstances, especially situations involving dependency or declining capacity. Where MAID is involved, estate planning documents must reflect the client’s independent wishes. As the law surrounding MAID continues to evolve, future amendments may further refine the balance between autonomy and vulnerability.

Practical Considerations for Clients

In BC, a valid will determines how property is distributed and who administers the estate. Without a will, the Wills, Estates and Succession Act governs distribution. However, this may not align with the individual’s intentions.

Anyone considering MAID should ensure their estate planning documents are up to date and accurately reflect their wishes. Key considerations include:

  • Wills: Confirm that the will reflects current intentions and is executed while the individual clearly has capacity.
  • Representation Agreements (RAs): Allow individuals to appoint someone to make health and personal care decisions if they become incapable. While MAID itself cannot be authorized in advance, RAs are still critical for broader end-of-life planning.
  • Powers of Attorney: Govern financial decision-making. Powers of Attorney can reduce stress and confusion during serious illness.
  • Timing and Capacity: Capacity is highly time-specific. A person may be capable of making a will at one point but not of consenting to MAID, or vice versa. Legal advice should be tailored accordingly.

Importantly, MAID must be personally requested by the individual; it cannot be delegated to a substitute decision-maker (SDM) or included in an advance directive. This makes careful documentation and professional involvement essential.

The Evolving MAID Framework in Canada

MAID has significantly changed the legal and ethical landscape of end-of-life decision-making in Canada. In BC, it intersects directly with estate planning and other areas of law. As the legal framework continues to evolve, MAID should be approached with clarity, caution, and respect for both autonomy and vulnerability.

Thoughtful estate planning protects individual choice, reduces the risk of conflict, and provides certainty during one of life’s most difficult transitions. For individuals considering MAID, proactive legal guidance can help ensure that end-of-life decisions are documented, respected, and carried out with dignity.

Several aspects of the law surrounding MAID remain unsettled. One hotly debated topic right now involves MAID in the context of mental illness, where eligibility has been delayed until March 2027 pending a parliamentary review. This ongoing evolution underscores the importance of staying informed and seeking professional guidance when making end-of-life and estate planning decisions.

Contact CM Lawyers for Guidance on MAID and Estate Planning in Vernon, Salmon Arm, and Enderby

The experienced team of estate planning lawyers at CM Lawyers helps clients across BC navigate the legal and ethical complexities of end-of-life planning. We understand that this can be a difficult process, and we strive to reduce uncertainty while ensuring your wishes are clearly documented and respected. Whether you are updating your will, powers of attorney, or representation agreements, our estate planning lawyers are ready to provide compassionate and professional guidance.

CM Lawyers serves clients across the region from our offices in Vernon, Salmon Arm, and Enderby, including Northern Okanagan and Shuswap. To arrange a consultation with a member of our Wills and Estates team, please contact us online or call our Vernon office at (250) 308-0338, our Salmon Arm office at (250) 803-9171, or our Enderby office at (778) 443-5065.