Advance Care Directives
Posted on December 17, 2014
Recently, the law changed in respect of appointing people to make medical and personal decisions on your behalf if you are unable to make these decisions yourself. The way you appoint people to make these decisions for you now is with an Advanced Care Directive.
What is an Advanced Care Directive?
An Advance Care Directive is a form that allows you to record your wishes in respect of any future medical treatment and living arrangements.
If you wish to appoint somebody to make these decisions for you, in the event you are unable to make these decisions yourself, then you appoint these people in an Advance Care Directive.
Has an Advanced Care Directive replaced a Medical Power of Attorney or Power of Guardianship?
Yes, an Advance Care Directive has replaced the Medical Power of Attorney, Enduring Power of Guardianship and Anticipatory Direction forms. These were the forms that you formerly used to appoint somebody to make medical and personal decisions on your behalf and to record your wishes for future medical treatment and living arrangements.
An Advance Care Directive has not replaced an Enduring Power of Attorney which is the document where you appoint somebody to make financial decisions on your behalf.
If you have an existing Medical Power of Attorney, Enduring Power of Guardianship or Anticipatory Direction then these forms will still be valid. They will only become invalid if you revoke them.
What can I put in an Advance Care Directive form?
You can use an Advance Care Directive to:
- Appoint people to make medical decisions for you
- Appoint people to make personal decisions for you
- Refuse certain health care
- Provide directions to the people you have appointed to make medical and personal decisions for you
When will an Advance Care Directive be used?
An Advance Care Directive will take effect if you are unable to make your own decisions. If this occurs then the people you have appointed to make medical and personal decisions for you will act on your behalf. They will abide by any directions that you have given to them when speaking to a doctor or other health professional.
How do you make an Advance Care Directive?
An Advance Care Directive is made by completing a standard Advance Care Directive form. In this form you state who you would like to make medical and personal decisions for you if you cannot make these decisions yourself. You also list any directions or refusals of health care that you would like to be taken into account by a doctor or health care professional or by any person looking after your personal affairs.
The person who makes the Advance Care Directive signs the form in front of a witness such as a Justice of the Peace or a lawyer. The people who are appointed to make decisions in the Advance Care Direction also need to sign the form. Once this has occurred then the Advance Care Directive is a legal document that must be followed in accordance with your directions and the law.
Most people make these forms when having their will and power of attorney prepared by their solicitor.
If you need any assistance with preparing an Advance Care Directive, a will or power of attorney, please contact Lynch Meyer Lawyers.