What is a personal-care or health-care directive called in Newfoundland & Labrador?

In Newfoundland & Labrador, the instrument for health and personal-care decisions is called a "Advance Health Care Directive". The person appointed is called the substitute decision maker. Witnessing: 2 independent witnesses (s.6). Treatment instructions and the substitute decision maker appointment may be in the same document.

Free guide — NL

Wills & Power of Attorney — Newfoundland & Labrador

Q: What is the minimum age to make a will in Newfoundland & Labrador?

In Newfoundland & Labrador, the minimum age to make a will is 17. Age 17 -- lower than most provinces (Wills Act s.3). Check whether married/forces exceptions apply in your specific case.

Q: What is a power of attorney for property called in Newfoundland & Labrador?

In Newfoundland & Labrador, the instrument for managing someone's finances if they lose capacity is called a "Enduring Power of Attorney". The person appointed is called the attorney. Witnessing: 1 witness (not the attorney or the attorney's spouse/cohabiting partner) (Enduring Powers of Attorney Act s.3(1)). The attorney must be 19 or older (s.3(2)).

Province-specific rules for Newfoundland & Labrador: will requirements (age 17, holograph valid), the Enduring Power of Attorney, and the Advance Health Care Directive.

General information only — not legal advice. This guide creates no will, POA, or directive. Laws change; consult a lawyer and verify current rules directly with the official provincial source before acting.

Part 1 — Will

Minimum age

17 years old

Age 17 -- lower than most provinces (Wills Act s.3). Check whether married/forces exceptions apply in your specific case.

Witnesses required

Either holograph (entirely in the testator's handwriting and signed) OR signed before at least 2 witnesses who sign in the testator's presence (s.2(1)). Note: the NL Wills Act does not use the phrase "present at the same time" -- see the statute for the exact wording. Audio-visual witnessing via a lawyer is permitted (s.2(1.1)).

Holograph (handwritten, no witnesses)

VALID

Valid -- entirely in the testator's handwriting and signed (s.2). No witnesses required.

Curative power (court can fix a flawed will)

NO — STRICT COMPLIANCE

NO curative or substantial-compliance power exists in Newfoundland & Labrador. A flawed will CANNOT be saved by a court -- strict compliance with the formal requirements is mandatory. This makes using the proper witnessed process (or seeing a lawyer) especially important in NL.

Official source

Wills Act, R.S.N.L. 1990, c. W-10 (as amended 2023)

Never have a beneficiary witness your will

A beneficiary's gift is void where the will cannot be proved without their evidence as a witness (s.7).

Part 2 — Power of Attorney for Property

Called in Newfoundland & Labrador

Enduring Power of Attorney

The person you appoint is called

attorney

Witnessing required

1 witness (not the attorney or the attorney's spouse/cohabiting partner) (Enduring Powers of Attorney Act s.3(1)). The attorney must be 19 or older (s.3(2)).

Enduring (survives incapacity)

Yes -- survives incapacity (must be drafted as "enduring").

Can be made springing (contingent on incapacity)

Yes -- can take effect only when a triggering event (such as incapacity certified by a doctor) occurs. Discuss with a lawyer.

Official source

Enduring Powers of Attorney Act, R.S.N.L. 1990, c. E-11

Part 3 — Personal-Care / Health-Care Directive

Called in Newfoundland & Labrador

Advance Health Care Directive

The person you appoint is called

substitute decision maker

Witnessing required

2 independent witnesses (s.6). Treatment instructions and the substitute decision maker appointment may be in the same document.

Official source

Advance Health Care Directives Act, S.N.L. 1995, c. A-4.1

When to see a lawyer in Newfoundland & Labrador

Making or updating a will: always recommended. A lawyer-drafted will is typically inexpensive relative to estate value.

Any power of attorney for property or personal-care directive -- the person you appoint will have significant authority.

Newfoundland & Labrador has NO curative power -- a flawed will CANNOT be saved by a court. The formal requirements must be met exactly.

Complex situations: business interests, cross-border assets, blended family, minor children, or capacity concerns.

Verify current rules with a lawyer -- legislation changes and this guide may not reflect the most recent amendments.

Download the Newfoundland & Labrador checklist

All the instrument names, witnessing rules, and checklist items above in a branded PDF. Free. This checklist does not create any legal document.

Free. General information only -- not legal or regulatory advice.

Next step

Executor Guide — Newfoundland & Labrador

Named as executor? Probate, CRA TX19, compensation.

When Someone Dies — Newfoundland & Labrador

Death Certificate, Service Canada, CRA — free checklist.

Common questions — Newfoundland & Labrador

What is the minimum age to make a will in Newfoundland & Labrador?

In Newfoundland & Labrador, the minimum age is 17. Age 17 -- lower than most provinces (Wills Act s.3). Check whether married/forces exceptions apply in your specific case.

Is a handwritten (holograph) will valid in Newfoundland & Labrador?

Valid -- entirely in the testator's handwriting and signed (s.2). No witnesses required.

What is a power of attorney for property called in Newfoundland & Labrador?

In Newfoundland & Labrador it is called a "Enduring Power of Attorney". The person appointed is the attorney. Witnessing: 1 witness (not the attorney or the attorney's spouse/cohabiting partner) (Enduring Powers of Attorney Act s.3(1)). The attorney must be 19 or older (s.3(2)).

What is a personal-care directive called in Newfoundland & Labrador?

In Newfoundland & Labrador it is called a "Advance Health Care Directive". The person appointed is the substitute decision maker. Witnessing: 2 independent witnesses (s.6). Treatment instructions and the substitute decision maker appointment may be in the same document.

Wills & POA guides for other provinces

ON — Ontario BC — British Columbia AB — Alberta SK — Saskatchewan MB — Manitoba QC — Quebec NB — New Brunswick NS — Nova Scotia PE — Prince Edward Island

Guidepost is not a law firm. This guide is for general informational purposes only. Full disclaimer