Medical Assistance in Dying (MAID) affects estate planning in Canada mainly by creating time-sensitive deadlines for finalizing your will and related documents. Because MAID requires ongoing consent until the procedure, Canadians should ensure key documents are signed and witnessed before MAID consent is finalized to avoid legal complications.
Medical Assistance in Dying (MAID) became legal in Canada in 2016 and has become an important part of many end-of-life conversations. As awareness grows, more people are asking how MAID fits into overall life and estate planning.
If you're considering MAID, updating your estate plan is a key step. Questions about updating your will, choosing witnesses, and sharing documents can add stress at an already emotional time.
This article breaks down how MAID impacts estate planning, including legal steps, practical tips, and emotional considerations. Tools like Willful make it possible to create a legally valid will quickly, confidently, and without the need for in-person lawyer appointments so you can focus on your loved ones. Tools like Willful can help you create a valid will and clearly outline your wishes, making a difficult time a little easier for loved ones.
Understanding MAID in Canada
Medical Assistance in Dying (MAID) is a medical process that allows eligible Canadians to choose to end their life with support from a medical professional. In Canada, MAID is governed federally under the Criminal Code of Canada, primarily through Bill C-14 (2016) and subsequent amendments under Bill C-7 (2021).
To be legally eligible for MAID, a person must meet all of the following criteria:
- Age and Competence
- Be 18 years of age or older.
- Be mentally competent—meaning capable of making health care decisions for oneself.
- Health Coverage
- Be eligible for health services publicly funded by a province, territory, or the federal government in Canada.
- Be eligible for health services publicly funded by a province, territory, or the federal government in Canada.
- Grievous and Irremediable Medical Condition
- Have a serious and incurable illness, disease, or disability.
- Be in an advanced state of irreversible decline in capability.
- Experience enduring and intolerable physical or psychological suffering that cannot be relieved under conditions the person considers acceptable.
- Note: If the person’s sole underlying medical condition is a mental illness, they are currently not eligible until at least March 17, 2027.
- Voluntary Request
- The person must make a voluntary request for MAID that is not the result of external pressure or influence.
- The person must make a voluntary request for MAID that is not the result of external pressure or influence.
- Informed Consent
- The person must give informed consent to receive MAID after receiving all necessary information, including diagnosis, prognosis, treatment options, and options to relieve suffering (such as palliative care).
The legal process for MAID in Canada requires assessment by multiple licensed health professionals and your informed consent. The required conditions vary depending on whether a Canadian’s natural death is expected in the near future.
There are two tracks of MAID available to eligible Canadians:
- Track One applies when a person meets MAID eligibility criteria and their natural death is reasonably foreseeable. In these cases, there is no mandatory waiting period between approval and procedure.
- Track Two applies when a person meets MAID eligibility criteria and their natural death is not reasonably foreseeable. In this case, there is a mandatory 90-day waiting period between approval and procedure.
Here’s a complete comparison of the differences between Track 1 and Track 2 of MAID:
Comparison of MAID Track 1 and Track 2 in Canada
How Does MAID Affect Estate Planning?
While MAID doesn’t change estate planning laws, it can impact your timing and how quickly decisions need to be made.
Foreseeable Natural Death (Track 1) vs. Not Foreseeable Natural Death (Track 2): What’s the Difference?
- Track 1 (death is foreseeable): Estate planning must be completed on a shorter timeline. This can offer clarity but leaves less room for delays.
- Track 2 (death isn’t foreseeable): The MAID assessment takes at least 90 days. Depending on your condition, estate planning may take longer.
In either case, having your will and power of attorney documents in place early can ease decision-making and reduce stress during this time.
What is estate planning, and why does it matter?
Why Timing Matters
Wills created close to a MAID procedure may carry a higher risk of legal challenge, especially if:
- Your capacity was fluctuating
- Beneficiaries changed shortly before death
- Someone involved in the MAID process stands to benefit from your estate
Finalizing your will early can:
- Strengthen its legal standing
- Help prevent disputes
- Protect your true wishes
Capacity Is Key
You must have mental capacity when signing legal documents. Being approved for MAID doesn’t mean you lose that capacity—but it can shift quickly. Waivers of final MAID consent don’t apply to wills or POAs, so early action is essential.
What to Do Before MAID
- Finalize your will: Confirm your executor and backup
- Update powers of attorney
- Keep documents organized and secure
- Clearly communicate your wishes and timelines
Taking these steps can help ensure your wishes are followed and lighten the load for those you love.
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Can I name someone involved in my MAID process as executor or witness?
Sometimes, but it’s important to be cautious. If a trusted friend or family member is supporting you through MAID, what matters most is avoiding any appearance of pressure or conflict.
You should be cautious about naming anyone directly involved in providing or assessing MAID, such as doctors or nurse practitioners, as witnesses to your will or other estate documents. Even if this isn’t strictly prohibited in your province, it may increase the risk of your documents being challenged later due to concerns about capacity or undue influence.
To keep things clear and protected:
- Executors can be close personal contacts or financial institutions
- Witnesses should be neutral adults who won’t benefit from your estate and are not named in your will.
- Healthcare providers involved in MAID should not witness or assist with signing estate documents
Keeping roles clearly separated helps protect your wishes and makes it easier for your loved ones to carry them out with confidence.
Timing and Consent: The Legal and Emotional Crossroads
When you're considering MAID, timing becomes a big part of the conversation—both emotionally and legally. You want to stay in control of your choices, and understanding how MAID affects your legal capacity is key.
Can I Still Make Legal Decisions After MAID Approval?
Yes. Being approved for MAID doesn’t mean you lose the ability to make legal or financial decisions. As long as you have mental capacity when signing a document, you can:
- Update your will
- Change powers of attorney
- Adjust beneficiaries
- Manage finances
MAID approval and legal capacity are separate. Capacity is assessed at the time of signing, not based on your MAID status.
Important
A waiver of final consent applies only to MAID. It doesn’t extend to wills, POAs, or any legal documents.
Since capacity can shift quickly due to illness or medication, many people choose to finalize documents soon after MAID approval.
What If My Will Isn’t Signed Before MAID?
- If you already have a valid will: It stays in effect, even if it’s outdated.
- If you don’t have a signed will: Your estate will be distributed under provincial intestacy laws, which may not reflect your wishes and can create added stress for loved ones.
Once MAID has taken place, you can’t sign anything. It's best to finalize your will and related documents as early as possible.
Can My POA Authorize MAID for Me?
No. In Canada, MAID must be requested and consented to by you, while you still have capacity. A Power of Attorney (POA) can’t make this decision on your behalf.
There is one exception: If you're already approved for MAID, you can sign a waiver of final consent, which allows the procedure to go ahead if you lose capacity before the scheduled date. But this is still your decision, not your POA acting for you.
Estate planning tip: Share your MAID wishes with your POA and loved ones. Even if they can’t make the decision for you, knowing your preferences can guide future conversations or legal changes.
Planning ahead gives you peace of mind and makes things clearer for those you care about. If MAID is part of your end-of-life plan, early action can ensure your legal documents reflect your wishes, and your voice stays at the centre of every decision.
Communicating Your Wishes with Loved Ones
Before MAID, have five key conversations: confirm your executor is willing and prepared, ensure your healthcare and financial POAs understand your wishes, explain any decisions that could raise questions for beneficiaries, and make sure loved ones know where your important documents are stored.
These conversations can feel heavy, but talking openly now can reduce stress and confusion later. The goal isn’t to justify your decisions, but to help others understand what matters most to you—whether that’s comfort, dignity, or easing the burden on your family.
Start with the “Why”
Before diving into paperwork, share your values. Let your loved ones know why you’ve made certain choices. This helps set the tone for understanding and respect.
5 Conversations to Have Before MAID
- Your Executor
Confirm who you’ve chosen, that they’re willing to act, and that they understand what’s involved. Pick someone practical and level-headed. - Your Healthcare POA
Make sure they understand your medical wishes—and that family knows your POA is following your instructions, not making their own choices. - Your Financial POA
Review how you'd like your finances managed if you lose capacity. - Your Beneficiaries & Wishes
Explain any choices that could raise questions later. A little context now can prevent conflict down the road. - Where Documents Are Stored
Let key people know where to find your will, POAs, and account info.
Clear conversations now can give your loved ones comfort and confidence when they need it most.
Myths About MAID, Taxes, and Inheritance Debunked
Medical Assistance in Dying (MAID) can raise understandable questions about taxes, benefits, and inheritance in Canada. Let’s clear up some of the most common misconceptions:
1. MAID changes how taxes are calculated
The misconception:
Choosing MAID affects income tax, estate tax, or probate treatment.
The reality:
MAID has no special tax treatment. For Canada Revenue Agency (CRA) purposes, a death involving MAID is treated the same as any other death.
That means:
- A final (terminal) tax return is filed up to the date of death
- Deemed dispositions still occur
- Standard estate administration rules apply
- The cause or method of death is irrelevant for tax purposes
2. MAID counts as death by suicide, so benefits or inheritances are void
The misconception:
Life insurance, pensions, or inheritances can be denied because MAID is considered death by suicide.
The reality:
Under Canadian law, MAID is not treated as suicide.
In practice, this means:
- Most life insurance policies pay out following a MAID-related death
- Employer pensions, CPP death benefits, and survivor benefits generally remain intact
- Wills and beneficiary designations continue to apply as written
According to the Canadian Life and Health Insurance Association (CLHIA), insurers won’t classify MAID as death by suicide and insurance plans long as the legal steps are followed. It’s recommended that you contact your insurance provider directly for answers to questions about the specifics of your policy.
Good to know
- Most life insurance policies pay out following a MAID-related death
- Employer pensions, CPP death benefits, and survivor benefits generally remain intact
- Wills and beneficiary designations continue to apply as written
3. MAID creates different probate or estate administration rules
The misconception:
Estates involving MAID follow a different legal process.
The reality:
They don’t.
Probate, executor duties, creditor periods, and distributions all follow standard provincial rules, exactly as they would after any other death.
Learn more: What is probate in Canada?
Ethical, Emotional, and Professional Guidance
While MAID is a legal process in Canada, it’s also a personal one. MAID involves deeply personal, ethical, and emotional considerations.
If you or someone you love is considering MAID, don’t hesitate to seek out support from medical professionals, therapists, spiritual counsellors, or end-of-life doulas to get clarity on your circumstances.
Estate planning is just one part of a much larger end-of-life planning picture you should review prior to making your decision. Take the time to ensure your plans align with your personal ethics and emotional well-being.
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Download now →Conclusion
Choosing MAID is a deeply personal decision and one rooted in care, dignity, and control. If you or someone you love is considering MAID, you know that the decision comes after careful consideration and planning. This choice also creates a unique window to organize your affairs on your terms. While the legal steps of estate planning may feel overwhelming at first, they’re a powerful way to protect your wishes and care for the people you love.
Taking the time now to finalize your will, confirm your powers of attorney, and talk to your family can offer comfort and clarity—both for you and for them. It ensures that, whatever comes next, your voice is guiding the process.
Traditional wills can cost upwards of $1000 and require visiting a lawyer’s office in-person. With Willful, you can create a legally-valid will faster than a lawyer from the comfort of your own home, no trip to the office necessary. All our clauses are reviewed by lawyers and estate planning experts, so your peace of mind can remain intact as you put your wishes in writing: clearly, confidently, and with care for those you love.
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